Video – Attorney Kirk Tarman Explains How A Marijuana DUI Can Be Defended

Ray Hrdlicka – Host – Attorneys.Media

“In criminal defense? Do you attack that? Because if it’s not fact based, and if there’s not black and white… And especially that study you just mentioned, does it fly in court? And I guess that’s the question.”

Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA

“It does…for marijuana, it does. So, because in a marijuana DUI, you’re just doing… what we call…it’s complicated. Because with a DUI charge, there’s two charges. The first one is California vehicle code 23152 A…which is just driving while you’re impaired, which doesn’t have a bright line rule. And then, California vehicle code 23152 B, which is driving with a 0.08 or above.

Now you’ll see, prosecutors will focus on the B count, because that’s the one they know they can prove. The A count, which is driving while impaired…is something that is a little bit more nebulous. It doesn’t have quite as much structure to it, where you have to fall back on the drug recognition expert, the police officer, saying, based upon his observations, and these field sobriety tests, the person was driving impaired.”