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Our client was driving through Heber, Arizona, just north of Payson, when a DPS Trooper caught him on radar speeding at 59 mph in a 45 mph zone and initiated a traffic stop on highway SR260. Upon assessment, he noticed our client was shaking, had red droopy eyes, eyelid tremors, and raised tastebuds. He admitted to smoking marijuana earlier but told the officer he couldn’t remember the exact time he had smoked. The officer performed a field sobriety test, during which our client completed the walk and turn, one leg stand, romberg-modified, and finger to nose tests. Upon conclusion, the officer determined that our client allegedly exhibited clues of impairment. 

Our client was arrested for a marijuana DUI and possession of drug paraphernalia. A search of his vehicle uncovered a grinder, glass bong, butane torch, mushrooms, and three blunts, which later tested positive for THC at a crime lab. Our client submitted to a blood test and it concluded he had 5 ng/ml of THC in his system at the time of the arrest. He did not have a medical marijuana card and marijuana had not yet been legalized in Arizona.

After a thorough pretrial investigation, we were able to negotiate a diversion agreement. Our client paid a fine, completed an online “DUI workbook,” and all charges were fully dismissed. In addition, we were able to have his 90-day license suspension voided after his hearing in front of an ADOT administrative law judge. Our client was able to walk away with a clean criminal and driving record.

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