STATE v. J.T. (Superior Court of Polk County)

Our client was charged with driving under the influence of marijuana to the extent he was less safe. During a motion hearing we determined that the arresting officer had no training in field sobriety testing, much less drug recognition expert training, and admitted that he did not smell anything unusual in the client’s car. He simply thought he was "sluggish" at one in the morning. Although the urine test was positive for the metabolites of THC, we knew that it was not evidence of impairment or intoxication. After showing up ready for trial five times, the district attorney offered a plea to reckless driving, which the client accepted. This would have been his second conviction in five years for DUI-drugs.