legal limited

legal limited

Home - 2018 - November (Page 2)

Month: November 2018

What Effect Could Marijuana Legalization Have on DUI Laws

Posted on November 16, 2018 in Uncategorized

Lately there has been a real push for Marijuana legalization throughout the country. One of the issues that come with such a radical change in the law that is rarely discussed is what kind of impact would Marijuana legalization would have on DUI laws.

If Marijuana legalization does actually gain some serious traction in my opinion there are two issues that need to be resolved when it comes to Marijuana DUI cases. The first issue is whether there would be a legal limit of Marijuana, and secondly would both the active and inactive levels of Marijuana be criminalized.

The first issue that needs to be determined is what the legal limit would be. In the United States there are several states that have enacted per se laws for Marijuana DUI cases meaning they have established a legal limit. For example in Nevada and Ohio there is a 2 nanogram limit. In other words that is their equivalent of a.08 alcohol level for alcohol related DUI charges. Based on the research I have done it is interesting that Nevada’s strict per se laws caused an increase of Marijuana DUI arrests by 76%, while Ohio’s enactment of these laws caused a decreased of 4.8%

The second issue that needs to be determined is whether both the active THC and the inactive metabolite of THC will be criminalized. Those states that have per se DUI laws have also created a higher level of inactive THC metabolite, taking into consideration that the longer is stays in the system the less impact it will have on impairing an individual. For example both Nevada and Ohio have a 10 nanogram limit of the inactive metabolite.

In my opinion if these issues are not determined than this area of law will continue to be very murky when it comes to DUIs. In fact whenever I represent someone charged with a Marijuana DUI, it really seems that different Prosecutors seem to have different thoughts about at what point the Marijuana impairs the individual. A toxicologist is usually employed by the Prosecution to testify about the effects of Marijuana on the human body, at what levels are generally considered impairing based on different studies. Because of the ambiguities and all the different scientific theories out there regarding this, usually the Defense also employs an expert to counter what the Prosecutors expert states.

If the legalization of Marijuana does happen and the two issues I discussed are considered than it would make this area of law much more concrete and would help individuals understand the impairment than Marijuana can cause on one’s ability to operative a vehicle.

Charter Fishing Helps Obtain Legal Limit

Posted on November 15, 2018 in Uncategorized

If you want close to a guarantee that you will return to the shore with a good number of fish, you should consider charter fishing. While many think of ocean cruises when they think about charters, there is some good charter fishing on inland lakes as well. Virtually every place in every state with a big lake and stories of lunker catches will have a charter captain willing to take out a fishing group.

Usually charter fishing is planned way in advance to allow time to gather the necessary equipment for the trip, although if you decide to go on a charter while on vacation, most of the charter fishing services will also have the equipment available to rent or buy. Additionally, all qualified charter boats are in the hands of licensed boat captains, certified by the Coast Guard so you do not have to fear getting lost at sea or in the path of an approaching storm.

How experienced the captain and crew is on your charter fishing excursion is probably more important on a deep sea fishing trip as an inexperienced crew can diminish some of the comfort level you may have. However, the captain has had to pass some tough tests to gain Coast Guard certification and he should also know where the fish are.

Camaraderie Grows With Competition

Unless your charter fishing is filled by family and friends there will probably be a few people on board whom you do not know. The captain will want the boat at capacity before leaving the dock. As the day goes on there will be friendly competition among the participants as to who is catching the most fish and who has the biggest fish.

Being on the open water tends to help people grow closer together as they learn they are part of an experience being shared by only those in the same boat, so to speak. While a charter fishing trip may not foster life-long friendships, for the time they are in the boat together, the participants will grow closer.

If you have never experienced the fun and excitement of having the boat’s captain drive you into the middle of a lake or several miles out on the ocean where he directs you to drop a line, when the fish start biting you will appreciate the time. How long the charter fishing trip lasts will depend on how long you contracted the boat for or until your group catches it limit of fish.

Beating a DUI Legally

Posted on November 14, 2018 in Uncategorized

There is the chance that you could find yourself in some trouble in the coming years. We all have this embedded in our bodies and it can happen to just about anyone. You have to be sure that you are working it all out and then moving on. There might be something that you do in the heat of the moment that is outside of the law.

However, you have to see that you are getting all that you can when you sit down and think before you make a move. More often than not you will find that you are getting the best chance of success with this deal. People are often left in the process of getting to the right point and that is where you are going to have the best effort pushed forward.

This is nothing out of the ordinary when you consider that a lot of people are charged with crimes every day. A DUI is something that is very common in this world. This is where you are driving under the influence of alcohol. Now this is something that has a lot of gray area involved with it. Some states have adopted a legal limit, which basically means that you are allowed to drink so much before you are considered to be dangerous.

There are other states that show that you are not allowed to drink at all and get behind the wheel. This makes it extremely difficult for people to go to parties and bars that are around. However, you have to see that you are going to have to spend some time figuring out how to get around the DUI when you are out there. In most cases you will find that you are going to have to make some smart decisions.

Refusal
The first thing that you need to do is refuse the initial breath test on the side of the road but you should go through the other parts of the test. The officer that has pulled you over will do a test to see if you can walk and so on. As long as you pass then you are going to have to continue with the rest of the test.

If the officer is still convinced that you are drunk then they may take you to the station. There they will administer a breath test that you will not be able to refuse. By this time a lot of the alcohol has burned up and you are going to blow a lot less then you normally would.

Lawyer
Then you need to be sure that you are asking for a lawyer and never answer any kind of questions. This is something that is vital to the success that you will have in beating a DUI. If you are able to do this then you will be able to get to the right point.

The last thing that you want to do is answer questions while you are under the effects of alcohol because you might answer wrong. Wait for your lawyer to get there and that will be when you will be told not to speak while you are bonding out.

Top