On September 6, 2020, Officer Petrey from the Chandler Police Department observed our client driving a vehicle with no headlights illuminated, and weaving within his lane near the intersection of Queen Creek and Bush. The officer asked the client where he was headed. The client told the officer a location that he was in the opposite direction of where he was heading. The client informed the officer that he was going the wrong way because he missed his turn.
Officer Petrey alleged that the client had dazed expressions on his face, droopy eyelids and that he had slow and confused speech. At first, the client denied smoking marijuana. However, he then admitted to smoking THC wax out of a vape pen a short time earlier. The client exhibited several clues on the field sobriety tests. Officer Petrey arrested the client on suspicion of a Marijuana DUI on drugs.
The client submitted to the blood test. The blood results came back with 7.8 nanograms (ng) of Tetrahydrocannabinol (THC) and positive for Carboxy-tetrahydrocannabinol (a metabolite of THC).
We presented evidence that when the client was a child, he suffered from a traumatic brain injury (TBI) in a boating accident. The prosecutor agreed with us that it would be challenging for them to demonstrate that the sign and symptoms of impairment observed by the officer were not manifestations of the TBI as opposed to the 7.8 ng. of THC. All charges were dismissed.