Video – Attorney Stuart Kirchick Discusses When A Marijuana DUI Arrest May Be Discretionary
Video Transcript
Ray Hrdlicka – Host – Attorneys.Media
“Well, isn’t that more subjective…if there’s not a quantitative number that can be assigned to that…isn’t that more subjective of who stops you? And then, of course, the district attorney in prosecution.”
Stuart Kirchick– Criminal Defense Attorney – Santa Clara County, CA
“Absolutely, you know, like most offenses, officers have a lot of discretion on whether to make an arrest, and it’s a low standard of proof, probable cause. And then down the line, they will take your blood, they will test it, there will be a numerical value of THC in your system.
But at the end of the day, it’s not going to matter. Because the law doesn’t say…you’re okay if you’re under this much THC, or you’re in violation of the law if you’re over that much THC. So, at the end of the day, the DA’s office is going to prosecute. If your driving really wasn’t that bad and it’s just a typical traffic infraction, you may be able to get it reduced, like a DUI gets reduced to a wet reckless, for instance. But, you know, that’s where we’re at right now, under today’s current law.”
Here are more videos from Attorney
More videos in Arrest
Video – Attorney Spencer Freeman Explains Why Very Few Arrests Go All The Way To Trial. Why Happens?
Video – Attorney Darryl Stallworth Explains What A Person Should Do FIRST When Pulled Over For A DUI
Video – Attorney Spencer Freeman Explains What Is Most Important To An Attorney When Picking A Jury?
Video – Attorney Spencer Freeman Explains How Soon Should A Personal Injury Attorney File A Lawsuit?
Video – Attorney Stuart Kirchick Explains How A Criminal History Affects Equal Justice Under The Law
Debug Messages
- No associated attorney found or ID missing.