This case was challenging because it involved the client having Delta-9 THC in his blood. The fact is, if Delta 9 is found in a person's blood, that person is guilty of Operating With a Restricted Controlled Substance, whether the state can prove impairment or not. In this case, the client drove his car into a house, rupturing the gas line. So, the driving was certainly considered poor.
We challenged the case on whether or not there was reasonable suspicion to conduct field sobriety tests. We started with the Administrative Review Hearing where we were able to get the officer to admit that he didn't have any reason to believe the client was impaired by drugs or alcohol.
We then took that information and filed a motion in court to throw all the evidence out based on lack of reasonable suspicion. Prior to the hearing being conducted, the prosecution offered to amend the charge to Reckless Driving. A huge win for the client.