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Driving Under the Influence of Drugs ? Expert Testimony along with Defendant?s Actions Sufficient Evidence to Convict ? California Vehicle Code Section 23152

By Walin & Klarich

The California Court of Appeal recently ruled that evidence supported the conviction of driving under the influence of methamphetamine where the drug was described as one that could impair driving ability and defendant was agitated, paranoid and impaired when stopped. In People v. Benner, 2010 D.A.R. 8942, the defendant was pulled over by police officers for having expired registration tags. The defendant threw a bag out of the window before pulling over. The police found the bag and discovered about three ounces of methamphetamine. A drug recognition expert, Allen Rieckhoff, arrived on the scene. He noticed signs of methamphetamine use, which were subsequently confirmed from a blood test. Rieckhoff took the defendant to the police station where sobriety tests were administered...continue to full post

Full post as published by Southern California Criminal Defense Blog on August 10, 2010 (boomark / email).