Case law precedent for whether falling asleep at the wheel is evidence of marijuana use?
I am a legal assistant and have to do some research for a defense attorney. I must find some case law precedent that helps REFUTE any assertion that falling asleep at the wheel can be "evidence" of marijuana use. As far as I know, the defendant was not found with marijuana in his possession, and falling asleep at the wheel could be from something such as overworking (hypothetically). I am thankful to anyone who can cite actual case law to establish precendent in our favor, to help me get started on the brief.
- MuttLv 74 years ago
There are many reason he could have fallen asleep at the wheel. Marijuana is just one. As you say, he could be overworked and exhausted, or it could also be any number of medical conditions. That is why no one would be prosecuted for marijuana only because they fell asleep.
How ever, falling asleep behind the wheel could be probable cause to search the vehicle, and to get a blood test to determine if THC is in his system. As someone else stated, it's not illegal to have illegal drugs in your system, but it is illegal to operate a motor vehicle with alcohol or drugs in your system, including legally prescribed medication that can cause impairment to your driving.
- SquidLv 74 years ago
Start with Robinson v. California 370 U.S. 660 (1962) because the supreme court says it's not a crime to have drugs in your system.
- WRGLv 74 years ago
You're fired. Or at least you will be when you boss finds out you are using Y/A to research a case.
- justaLv 74 years ago
Try Lexus-Nexis. If you don't have it, you'll need it.