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DUID/marijuana

The client filed to come to a complete stop at a stop sign, traveling through the stop sign at about 5 mph.  Officer saw common signs of marijuana impairment and the client admitted to smoking two hours earlier.  The client also performed roadside sobriety maneuvers which were not done in a manner “consistent with sobriety”.  The client did submit to a blood test.  The result was 5.4 ng, above the “permissive inference” level of 5.0.  We always send the blood sample to an independent laboratory to verify the state lab result and, in this case, the second sample came back at 4.1 ng, below the 5.0 ng permissive inference level.  Based on these factors, I was able to work out a deferred sentence where the case will eventually get dismissed if the client abides by all of the terms and conditions of the deferred sentence agreement.