When Will a DUI Charge Be Filed

[preames]

Marijuana DUI arrest on 10-1-09. As yet, charge has not been filed by DA and is not on court calendar (website). I know it can be filed anytime during next 12 months, but is that perhaps a sign that DA may not file? Seems to me that DUI charges are usually filed right away and 5 weeks seems kind of long. Opinions?

[LawResearcherMissy]

but is that perhaps a sign that DA may not file?

I wouldn't get my hopes up, no. It would seem more likely that the DA is just a bit backed up.

[preames]

Of course, that's not what I wanted to hear. Proving "intoxication" would be another issue. BAC 0% What a waste of taxpayer's $$ if he does file. I saw subject 5 minutes before arrest - he was perfectly fine other than his back hurt. I will be a witness.

[preames]

Still no filing of charges. Court date on ticket is 1/7/10. Just show up anyway if nothing is filed? DMV returned license and "set aside" case.

[cdwjava]

Still no filing of charges. Court date on ticket is 1/7/10. Just show up anyway if nothing is filed? DMV returned license and "set aside" case.

What state are you in, and what are the charges (code sections) on the citation?

Part of the delay might that the state is waiting for the results of any chemical test. Of course a marijuana DUI would come back with a BAC of .00 as there would be no alcohol in the system if marijuana was the sole intoxicant.

In some states the presence of most any THC in the blood is sufficient to support a lesser DUI charge, in other states (like mine) impairment must be shown through the observation of the officer and the articulation of the objective signs of impairment. Far too often then untrained eye will not recognize those signs of impairment. The fact that someone might appear to be normal does not necessarily mean that they are not too impaired to drive.

[preames]

California 23152(a) Is every CHP officer trained in marijuana sobriety testing. Seems like I read that certain trained officers perform this test.
Thanks

[cdwjava]

California 23152(a) Is every CHP officer trained in marijuana sobriety testing. Seems like I read that certain trained officers perform this test.
Thanks

Every officer in CA receives training in how to conduct a DUI. The CHP tends to conduct additional, ongoing training in the evaluation for DUI.

Impairment on marijuana is proven the same way as impairment by alcohol. The evaluation will be based upon the officer's observations of driving and behavior, the suspect's performance on the FSTs, and the presence of marijuana or other drugs as confirmed by a chemical test - if any. In CA the mere presence of metabolites for marijuana does not imply impairment, impairment must be demonstrated by the state.

Many CHP officers are trained in Drug Abuse Recognition (DAR) or as a Drug Recognition Expert (DRE). If so, then that will add weight to their evaluation and testimony.

[preames]

Ok - went to Pre-Trial. DA accepted offer to charge for failure to fully stop at stop sign and dismiss the DUI charge. Restored my faith in our justice system.

What about the cost to tow the vehicle?

[cdwjava]

Ok - went to Pre-Trial. DA accepted offer to charge for failure to fully stop at stop sign and dismiss the DUI charge. Restored my faith in our justice system.

What about the cost to tow the vehicle?

You can submit a claim to the CHP but don't count on them paying it.

The probable cause necessary for an arrest is relatively low. If the officer can argue that he observed the objective symptoms of impairment, the arrest - and thus, the tow - would appear to be lawful. The fact the DA dropped the DUI does NOT mean that there was no probable cause to arrest, onl that he (or she) did not feel the case was strong enough to meet the higher burden of proof required to convict at trial.