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What is Operating With the Presence of / Under the Influence of Marijuana (OUID)? |
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Operating With the Presence of / Under the Influence of Marijuana is driving a car or having driven a car while under the influence of marijuana or having a measurable amount of marijuana in your system. Marijuana stays and is measurable in the human body from 30 to 45 days, which means you can be convicted of this for smoking marijuana a month earlier.
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Penalties: |
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First Offense - Up to 93 days in jail and fines, plus 180 days restricted license, no driving for the first 30 days. $1,000 driver responsibility fee per year for 2 years.
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Second Offense (within 7 years) - Up to 1 year in jail and fines, plus 1 year revocation of license. $1,000 driver responsibility fee per year for 2 years.
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Third Offense (within your lifetime) - Up to 5 years in prison and fines, plus 5 year revocation of license. $1,000 driver responsibility fee per year for 2 years.(click here for more information about licensing sanctions!)
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What Defenses Are There? |
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Improper Stop: |
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If it can be proven that the police did not have "reasonable suspicion" to stop your car, then the case will be thrown out. This is usually only possible when there is an in car video to prove the officer is not being truthful. "Reasonable Suspicion" is defined as an articulable suspicion that criminal activity was afoot, or a violation of the traffic code, such as speeding or weaving that provides a basis for the stop. |
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Police Violate Procedures Relative to the Chemical Testing: |
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The taking of blood samples is governed by statutes and administrative rules, as is the calibration and maintenance of the testing instruments. If it can be proven that the police did not follow the rules then the test results can sometimes be thrown out. This will not result in a dismissal but will likely result in the prosecutor making an offer that you cannot refuse, like careless driving.
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Inaccurate Blood Test: |
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The machines used by the police to test a person's blood all have inherent inaccuracies. It is impossible for any testing instrument to be 100% accurate all the time. Just because you tested for the presence of drugs does not mean that you have no defense. It is necessary to retain an expert to explain to the jury how these instruments work and why your test is likely not reliable.
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No Evidence of "Operation": |
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A person may be in the driver's seat but not operating the car. To "operate" a motor vehicle, a person must be in "actual physical control" over the vehicle. This determination will depend on the specific facts of your case because the Michigan Courts have ruled that "once a person using a motor vehicle has put the vehicle in motion, or in a position posing a significant risk of harm, this person continues operating the vehicle until it is returned to a position posing no such risk." Consequently, if your car is running, but does not pose a risk, then your attorney might be able to argue that you were not "operating."
There is also a recently decided case in Michigan where an individual was found in a parking lot of a golf course, asleep at the wheel, with the engine running. |
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Here the Court concluded: |
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"that this evidence fails to establish that defendant possessed the requisite specific intent. The evidence does not sufficiently establish that defendant was intending to use his truck as a motor vehicle as opposed to just a shelter. The mere fact that the engine was running does not sufficiently establish that defendant had or was intending to put the vehicle in motion. As one of the arresting officers conceded, it was possible that defendant was simply keeping the truck warm while he slept." Every case is different, that is why creativity is essential in defending these cases.
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Proper Prescription: |
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If you are using a medical marijuana prescription as prescribed, you may be innocent. |
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Jury Instruction |
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The defendant is charged with the crime of operating a motor vehicle with any amount of a controlled substance. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
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First, that the defendant was operating a motor vehicle on or about [state date] in the [county / city] of [state jurisdiction]. Operating means driving or having actual physical control of the vehicle.
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Second, that the defendant was operating the vehicle on a highway or other place that was open to the public [or generally accessible to motor vehicles, including any designated parking area].
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Third, that while operating the vehicle, the defendant had any amount of marijuana in [his / her] body.
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Fourth, that the defendant voluntarily decided to drive knowing that [he / she] had any amount of marijuana in [his / her] body.
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Related topics |
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