Attorneys.Media | Watch Attorneys Answer Your Legal Questions

Get Interviewed!

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

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.”

Subscribe to Our Newsletter for Updates

lawyer illustration

Contact Attorney

Phone: 909-658-7341
Attorney Kirk M. Tarman personally oversees every case from beginning to end. Attorney Tarman is intimately familiar with criminal law and the legal procedures which gives him profound insight as to the best plan of action he should take with his defense. When you retain the services of The Law Offices of Kirk Tarman & Associates, you and Mr. Tarman will make every decision together and every decision will be the right one for you. Not many lawyers can truly say that they will protect the best interests of their clients, but Attorney Tarman strives for client satisfaction and productivity. He will work tirelessly and do everything in his power to obtain the best possible outcome for your case. With a hard-hitting attorney like Mr. Tarman by your side, you will greatly increase your chances of success for your case.


Scroll to Top