Matthew J. Ruff DUI/DWI Law Blog on Lawyers.com

California Court Finds Methamphetamine Use Insufficient for DUI

Saturday, October 31, 2009 by Matthew J. Ruff

Recently, in the case of People vs. Torres a California Appellate Court tossed out a conviction for DUI in a case where a jury found the defendant guilty of driving under the influence of DUI. As a  Los Angeles DUI lawyer I have seen this scenario many times.  The Court found that there is substantial evidence Torres was under the influence of ethamphetamine when he was arrested. He admitted recent methamphetamine use, he exhibited symptoms consistent with recent methamphetamine use, and his urine tested positive for high levels of methamphetamine and its metabolite, amphetamine. There is also substantial evidence methamphetamine use can impair a person's judgment, focus,and psychomotor skills in ways that might make the person an unsafe driver. Both Morales and Bawardi offered expert testimony relevant to this point.

However, there is no evidence Torres's methamphetamine use actually impaired his driving ability on the night of his arrest. Both Morales and Savage observed Torres and neither testified he was driving erratically. Savage pulled over Torres for failing to stop at the limit line, a common traffic violation that Bawardi testified is not sufficient to establish a person is under the influence for driving purposes. Bawardi also testified symptoms of fidgetiness, sweatiness, and a high pulse rate do not make a person an unsafe driver. Although she testified dilated pupils from methamphetamine use might cause momentary blindness during driving, there is no evidence Torres experienced such blindness.  The DUI (23152) conviction was overturned.

Posted at 18:35 PM
Topic: DUI/DWI
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