Combs Waterkotte represented a client charged with DWI after a traffic stop in Sedalia, Missouri. Police alleged that the client was impaired by marijuana after stopping her for reportedly disobeying stop signs.
The client acknowledged using marijuana earlier in the day, and testing indicated that marijuana was present in her system. However, the presence of THC alone did not establish that she was impaired at the time she was driving. Unlike alcohol-related DWI cases, marijuana impairment cannot be determined through a simple blood alcohol reading, and officers did not properly conduct field sobriety testing designed to support allegations of drug impairment.
Our attorneys challenged the lack of evidence connecting the client’s prior marijuana use to any actual impairment behind the wheel. The case was resolved through a deferred prosecution agreement requiring only 25 hours of community service. After the client satisfied the agreement, the DWI charge was dismissed.
