Our client, Daniel, was stopped for failing to use his turn signal and making a wide turn. The officer indicated that he observed an odor of burnt cannabis emanating from Daniel’s breath. The officer found a jar of cannabis in the back seat of his car. Daniel refused to submit to any blood or urine test.
Daniel was arrested for Driving Under the Influence of Cannabis and received a one-year suspension of his driver's license for refusing to submit to the blood or urine test. We filed a Petition to Rescind the Suspension, and at the hearing, the officer testified that Daniel had bloodshot eyes, dilated pupils, and had fast speech. The officer further testified that Daniel had body tremors. At the conclusion of the hearing, Daniel’s suspension was rescinded based on our argument that the officer did not have reasonable grounds to ask Daniel to take the blood or urine test.
At trial, the evidence was heard and Daniel was found not guilty of Driving Under the Influence of Cannabis.