DUI DRUGS (marijuana) REDUCED to DUI alcohol with 1 DAY in JAIL – State v. Mr. O. (DMC No. 5507) (Snowflake Justice Court CR2005-0157MI): DPS Officers claimed they were at State Route 260 near Mile Post 306 near Snowflake, Arizona when they observed Mr. O. travelling 59 in a 45 mph zone. After he was stopped, they claimed they could smell a strong odor of marijuana and they processed Mr. O. for a DUI drugs charge. After conducting a Drug Recognition Evaluation (DRE), he was arrested and a marijuana pipe with marijuana was found in his vehicle. Mr. O. subsequently provided a urine test which showed the presence of the active metabolite of marijuana (THC). Because of the questionable search of his vehicle, we were able to convince the Prosecutor to not file charges for Possession of Drug Paraphernalia and Marijuana. We also convinced him to reduce the DUI “drugs” charge to a DUI “alcohol” charge, which saved Mr. O.’s license from being suspended for a full year.
