Matthew J. Ruff, Top Marijuana DUI Attorney

Call or Text Matt Direct at 310-686-1533
You Will
Not be "Passed Off" To A Secretary or Case Manager
DON'T PLEAD GUILTY TO A MARIJUANA DUI UNLESS YOU ARE EDUCATED ABOUT
THE SCIENCE BEHIND CANNABIS IMPAIRMENT! Unfortunately, too many people
go into Court after an arrest for drugged driving and are intimidated
into pleading guilty or no contest to DUID because they are unfamiliar
with the laws and science behind pot and how it affects driving. Don't
let this happen to you.
Many unsuspecting individuals get arrested for driving under the influence
of cannabis and show up in Court without a lawyer only to get steamrolled
by an aggressive prosecutor looking to get an easy conviction. The fact
is that you are 3 times as likely to get convicted of DUI VC23152f if
you do not have an experienced lawyer. Matt knows that toxicology tests
can falsely state a person is positive for THC, at least the impairing
type of THC, and unless your attorney is versed in the science you will
not get the DISMISSAL you likely deserve. Top Rated Marijuana DUI Attorney
Matthew Ruff fights and wins marijuana driving under the influence cases!
For over 25 years Matt has been vigorously fighting and winning driving
under the influence cases involving cannabis with extraordinary success.
Matthew Ruff is a TOP TIER DUI LAWYER with a SUPERB rating and was nominated
in the TOP TEN attorneys for 2018, 2019, 2020 and 2021 .
The Highest Statewide Success Rate!
Matt was hired by the parent of a 20 year old that was involved in a crash
in South Los Angeles. The client had struck two parked cars and the police
were called out by on-lookers who reported she was "on someting".
When the police arrived they had her perform various eye examinations
and then several field sobriety tests including the walk and turn test.
She was arrested for VC23152F and they collected her blood. The report
later showed the presence of Cannabinoids and the District Attorney charged
her with driving under the influence of a drug. Matt went to Court and
entered a plea of not guilty, he then requested a retest of the blood
sample and other items of discovery such as the audio recording of the
arrest. Upon review of the entire case Matt discovered a number of defenses
and weaknesses in the prosecution's case and he filed motions to dismiss.
The case was set for trial and the DA still would not drop the charges
so Matt pressed on and finally obtained a
DISMISSAL of the charges on February 28, 2020 in Department 7 of the Downey Court.
Matthew was retained by a client arrested at a DUI checkpoint in West Hollywood.
He was asked if he had anything to drink, he said no but admitted to taking
two hits of marijuana within the last hour. He was asked to exit the car
and perform various field sobriety tests which the officer claimed he
failed to perform correctly. He was arrested and his car was searched
whereupon the officers discovered open containers of cannabis, concentrated
cannabis, pipes, and other edibles. A blood sample was collected which
later revealed both cannabinoids and Cocaine. Matthew filed various motions
and enlisted the assistance of a toxicologist. He was eventually able
to get all of the DUI and drug
charges DISMISSED in the Los Angeles LAX Airport Court.
People arrested for driving with marijuana in their system often pose no
danger to the public, unlike drivers with alcohol and other drugs. Indeed,
studies have shown that drivers that have ingested pot responsibly can
drive safely, in some cases better than those who have not. However, police
and law enforcement in general believe that most people who smoke pot
are "stoners" and pot heads who deserve to be mistreated and
are not worthy of a fair shake. Moreover, California law does not allow
police to confiscate a drivers license under the APS laws if the driver
only has marijuana, no alcohol, submits to a test and is not a medical
danger, however, many cops take the license anyway and serve a pink notice
of suspension causing needless stress and inconvenience to the suspected
impaired driver.
Matthew is a recognized authority in the area of marijuana DUI and is asked
to speak and lecture on the topic quite regularly. Here is one recent
newspaper article on the topic:
DAILY BREEZE ARTICLE on DRE use in marijuana DUI arrests
Astonishingly, many prosecutors continue to charge people with marijuana
related DUI in cases where the toxicology shows only THC metabolite. A
great example of this is a recent case Matt handled in Fullerton California,
an affluent region of Orange County. There, the DA filed criminal VC 23152
(e) allegations against a citizen who was arrested after his wife falsely
claimed he struck her and fled the home in his vehicle. A DRE was called
out who opined the person was impaired by cannabis and he submitted to
a blood test which later reported a level of 9.5 nanograms of Carboxy
THC. Attorney Ruff argued the evidence was insufficient to show impairment
and the District Attorney eventually relented by
dismissing all charges against the client in June of 2017.
What about Field Sobriety Tests (FST) when Marijuana is suspected? Many
officers are trained to administer the NHTSA Standardized FST battery
of HGN, Walk and Turn and One Leg Stand when conducting ANY driving under
the influence investigation on the roadside. The problem with that training
is that these "tests" have almost no efficacy when cannabis
is the impairing drug. For example, HGN is not an indicator of impairment
of THC. In addition, the other two tests are only validated to detect
BAC levels of .08 or more. Many law enforcement officers will try and
assert that SFST are designed to predict impairment of marijuana in suspected
DUID drivers, however, the truth is these "tests" were only
scientifically validated to predict blood
alcohol levels above .08. Matt knows the studies and history of the tests in order
to cross examine and discredit them when used in Court on a DUI involving cannabis.
Matt knows the scientific literature better than most prosecutors, that's
why he wins his cases. An example of this is a recent case in Los Angeles
where the DA wouldn't drop a case where the officer relied on the
presence of HGN as a reason to arrest his client for VC23152F (DUI Drugs).
Matt knew this was bogus and he filed motions to dismiss, he pursued the
DISMISSAL even though the District Attorney offered a "wet reckless"
deal and eventually obtained the
DISMISSAL.
WHEN YOU HIRE MATT,
YOU GET MATT. Many law firms give you a slick sales speech to get you to hand over
your money, however the lawyer you talked to on the phone never handles
your case. You go to Court and it's somebody different, often with
little experience. Matthew handles all of his cases personally so you
get his 25 years experience and sterling reputation standing beside you in Court.
With the passage in California of the legal use of recreational marijuana,
comes the concern that more drivers may decide to get behind the wheel
after using pot. In fact, AAA announced their concern that more needs
to be done to understand when all people are impaired by cannabis in order
to enact legislation to establish per se levels of impairment similar
to the .08 levels for alcohol. In response to the new laws allowing for
the free use of pot, many police departments and the CHP are ramping up
their training of officers in the area of DUI enforcement involving drugs
such as cannabis. Should you or a loved one be facing charges of driving
under the influence of any form of marijuana (Vehicle Code 23152e) attorney
Matthew Ruff can help.
Question of the day: Why do I still have a Court case if the DMV set aside the arrest and
suspension? The DMV can only take action administratively under the APS
laws if the driver has alcohol in their system or refuses to submit to
a chemical test. As long as you take a test and no alcohol is present
the action initiated by the "pink piece of paper" will be set
aside. On marijuana DUI cases the DMV leaves it up to the Court case to
determine if you will be suspended. If you are convicted of VC 23152e
the DMV will strep in and suspend at that time.
Top Tier Defense Lawyer Matthew Ruff knows the science and the law to win
marijuana related DUI cases in California. If the lawyer you hire does
not understand the scientific principles behind the testing and evidence
collected you have little chance of winning. A brief explanation of the
terminology is as follows: Marijuana or Cannabis is “Delta-9-Tetraydrocannabinol”
(THC). THC is primarily metabolized to “11-hydroxy-THC (THC-OH or
OH) which is psychoactive or active. The 11-Hydroxy-THC is then rapidly
metabolized to the 11-nor-9-car-boxy-THC (THC-COOH, THC-A or COOH) which
is non-psychoactive or inactive, meaning your body is not being impaired
either mentally or physically if only metabolite is present. The DA or
prosecutor most likely does not understand the biochemistry associated
with the testing and will only see what he or she wants to see to convict
you of driving under the influence, your attorney must be able to interpret
the lab findings to beat the charges. The law in California is clear:
If the accused is not
impaired by the drug he or she is not guilty of DWI. Furthermore, most experts
will agree that a blood concentration of THC at the time of driving can
never predict the pharmacologic effect or impairment of a driver.
Did the officer confiscate your driver's license and give you a pink
paper informing you your license will be suspended? This happens very
frequently and is improper if you are over 21 and had no alcohol in your
system. I CAN IMMEDIATELY HELP TO GET YOUR LICENSE RETURNED.
Did you know that driving after ingesting marijuana is not necessarily
illegal. In fact, many folks who have been smoking pot earlier in the
day and later get in their car and drive are not "impaired"
to the degree necessary to be considered DUI, however most cops are not
properly trained to distinguish the guilty from the innocent, particularly
in Los Angeles and Kern County. Unlike alcohol, marijuana use is not subjected
to "per se" laws that prohibit driving after reaching a certain
level so the investigation and arrest is very subjective from officer
to officer, this leads to injustice in many cases.
Many people have a doctor's recommendation to use marijuana legally
in California. However, it remains against the law to ingest cannabis
to the degree you are impaired to drive, regardless of the reason you
use it. Recently the state enacted Vehicle Code 23152(e) which makes it
illegal to drive while under the influence of any drug. But what does
"under the influence" actually mean in the eyes of the law?
To be illegal the person first must be impaired to an "appreciable
degree", something more the simply showing signs of use. The law
requires the the person be no longer able to drive with the same caption
as someone that is completely sober? There is no per se level of intoxication
when it relates to a drug vs. alcohol. If you or a family member is facing
a charge of DUI involving marijuana in Los Angeles, Kern County or anywhere
else within the state of California. Many police officers will try to
say the driver had such things as a "lack of convergence", rebound
dilation of their eyes, dilated pupils, "green tongue", blood
shot and watery eyes and other alleged signs of impairment. However, Matthew
knows the science behind these claimed observations, how the officers
are trained and how to discredit these and othere observations to obtain
a favorable result in your case.
Call Top Marijuana DUI Attorney Matthew Ruff direct at 310-686-1533
Matthew Ruff is the Lawyer who knows the scientific facts of Marijuana
and driving: THC peaks rapidly in the first few minutes after inhalation, often to
levels above 100 ng/ml in blood. In the decline, it quickly comes down
to single-digit levels within 1 hour. High THC levels are therefore a
good indication that the subject has smoked recently. THC can remain at
low levels, 1-2 ng/ml, for 8 hours without any measurable sign of impairment.
Chronic users can stay at 2 ng/ml for 24-48 hours after ceasing use.
Why most cops get it wrong on the roadside when it comes to marijuana DUI
impairment detection: First, most officers, depending on their training
will misinterpret some or all of the symptoms of impairment allegedly
caused by pot. Notably, many officers will contribute bloodshot and watery
eyes as being associated with a person being under the influence of cannabis.
However, the DRE studies all point to a conclusion that this symptom has
NOTHING to do with impairment. Moreover, the commonly reported symptom
of "lack of convergence" is very often misunderstood by many
officers because they fail to conduct the tests properly. They do not
adhere to the proper protocol and misjudge the distance from the bridge
of the nose to the stimulus and therefore improperly conclude the suspect
failed the test. Further, the "rebound dilation" observations
and "reaction to light" are almost always overstated in an effort
to find the individual to be impaired.
Most chemical tests used by law enforcement may be flawed when it comes
to determining levels of impairment. Indeed, one of the more common tests
administered to those arrested for drugged driving is the ruin test, however
many scientists concur that this mode of testing is seriously flawed.
In one scientific study it was revealed that urine tests
do not detect the psychoactive component in marijuana, THC (delta-9-tetrohydrocannabinal)
and therefore in no way measure impairment; rather they detect the non
psychoactive marijuana metabolite THC-COOH (Carboxy), which can linger
in the body for days or weeks with no impairment effects. Because of THC-COOH
unusually long elimination time, urine tests are more sensitive to marijuana
than other commonly used drugs.
A common question is can the Police search my car without consent if they
smell Marijuana or find a small legal amount of pot in and open area?
The answer is NO. Law Enforcement cannot justify a full search of the
interior of your car simply because they find a small usable amount of
cannabis in the vehicle. Many cops will "tear apart" the vehicle
looking for anything illegal once they see a joint or container of weed.
If you are the victim of an unlawful search contact Matt for a consultation
about your rights and potential defenses.
Actual Cases Matt Has Handled
Matt was retained for a Marijuana DUI case occurring in Hawthorne California.
The client was charged with DUI, Open Container and resisting arrest.
A breath test revealed low levels of alcohol. A blood test showed THC,
Cannabinoids and Cocaine. Matt filed numerous motions and challenged the
toxicology on the grounds the blood results failed to show the client
was actually impaired at the time of driving. After months of litigation
all charges were dropped in the LAX Court.
Matthew was hired by a young man charged with being under the influence
of marijuana and alcohol in Los Angeles County. The client was pulled
over for weaving on the 405 freeway at 1a.m. near Long Beach. The CHP
officers that stopped him alleged he failed a number of field sobriety
tests and he's was given a breath test on the side of the road showing
a .07 BAC, lower than the legal limit, but they suspected he also had
marijuana in his system as well. He was arrested and given a blood test
which did reveal active cannabis in his bloodstream. Matthew had the sample
analyzed and argued the levels were insufficient to prove impairment.
After months of fighting in Court the District Attorney relented and
dismissed the DUI charges allowing him to plead to a charge not involving drugs or alcohol.
Driving under the influence of marijuana is perhaps the most overcharged
crime in California because most police officers lack the training and
experience to adequately determine impairment of the drug. With the passage
of California compassionate use laws, more and more folks are ingesting
marijuana legally and the police are finding more ways to arrest them
for possible DWI. In California, a DUI can occur one of two ways. The
first is when a person has been consuming alcohol and is too impaired
to drive or has a .08 % or more of alcohol in his blood. The second and
far less common is when the individual has ingested some drug such as
marijuana and the ingestion of that marijuana has impaired the person's
ability to drive a motor vehicle. No particular concentration of cannabis
in the person's blood is required, unlike that for alcohol. Typically
the police officer will testify to a variety of objective symptoms of
impairment in order to justify the arrest and prosecution for "driving
while stoned". Drug cases, and in particular marijuana, present a
host of issues in the criminal case due to the lack of scientific correlation
studies on impairment related to the operation of a motor vehicle. In
many cases a
Lawyer knowledgeable with marijuana criminal driving under the influence charges and its legal aspects can defend a person charged with the crime of DUI.
One of the more disturbing issues that has arisen in the last few years
is that of passive inhalation of pot and the effects it has on a urine
test. In a recent study, volunteers were subjected to second hand smoke
in a small room and later they were tested for the presence of THC in
their urine, it showed positive. The standard test for a marijuana DUI
is a urine test. In California ordinarily a person arrested for driving
under the influence will be required to submit to either a breath or blood,
however when drugs such as marijuana are suspected the choice is limited
to blood or urine. Because most people will choose to pee in a cup over
having a sharp needle stuck in their arm, the most common test seen is
that of urine. Problems can come into play with marijuana urine tests.
The most often asked question is how long does marijuana stay detectable
in a persons urine?
It is fairly well accepted in the scientific community that marijuana metabolite
(a breakdown product) is detectable in urine for an extended period of
time compared to other drugs. Initially, it is important to define what
is meant by marijuana metabolite. Ordinarily this term refers to a specific
breakdown product of marijuana called delta-9-carboy-tetrahydrocannabinal
(otherwise known as THC). What is crucial to understand in the context
of DUI prosecutions is that carboy THC is not psychoactive and has no
effect on ones physical performance or ability to drive an automobile
safely. Car boxy THC is an oily substance that accumulates in a person's
body fat over time after marijuana ingestion and is slowly released into
the blood and excreted into the urine as a waste product. This is the
primary reason why carboy THC is detectable in the urine for extended
periods of time compared to that of other drugs and their metabolites.
Since the effects of marijuana seldom last beyond several hours, the presence
of carboy THC in the urine sample collected after an arrest for DUI does
not necessarily prove that the individual was "under the influence"
or impaired by the marijuana at the time of driving his or her motor vehicle.
How long the THC will stay in a person's system and be detectable by
a urine test depends on many different factors. How frequent the person
ingests marijuana, how sensitive the test is, and the recency of the consumption
all come into play. Recent scientific studies in the area have revealed
that the smoking of a single marijuana cigarette can stay in a person's
system from one to sometimes three days. Other studies have shown that
heavy smokers of marijuana (daily use for six months or more) can show
positive for THC in their urine for up to two months after the last consumption.
To combat this problem the police, in recent years, have began implementing
DRE programs. DRE stands for "Drug Recognition Examination"
the process involves a multi step approach of field evaluation. The object
of the DRE is to detect and identify specific drug impairment of the driver
arrested for a DUI. Marijuana and other drugs are purported to be detectable
using the process. However, the examination is not as accurate as the
police claim and the DRE is often not performed in the correct manner.
The DRE evaluation takes about 30 to 40 minutes to perform correctly.
Although some Courts have ruled the procedure admissible in a criminal
prosecution, many attorneys and legal scholars have argued the contrary.
One of the interesting nuances of a marijuana DUI vs. an alcohol related
drunk driving is that the DMV cannot suspend a person's license under
the APS laws. What this means is that ordinarily when a police officer
makes an arrest for VC 23152 he takes the driver's CDL and issues
a pink notice called an APS notice of suspension and temporary license.
However, marijuana does not trigger an action under this law. In some
cases the officer may confiscate the license if a blood test was given
and the alcohol results are unknown, in these cases a DMV hearing should
be requested to challenge the case.
In recent years the California DMV has begun taking licenses from pot smokers
under the medical provisions of the Vehicle Code that permit a suspension
if an addiction to drugs or other medical condition causes a person to
be unable to drive safely. These actions should be contested by way of
a reexamination which is handled by the Driver Safety division of the
Department of Motor Vehicles.
In Conclusion, you can see how marijuana can stay in a person's system
for one day and up to 2 months depending on the potency, and frequency
of ingestion. however since what is at issue in a DUI or driving under
the influence prosecution is whether the person is at that time impaired
by the drug, these factors can create significant defenses if handled
by an experienced attorney familiar with this area of the law. Attorney
Matthew Ruff has defended hundreds of these types of DUI cases throughout
the state of California with exceptional results. It is important to act
quickly to obtain vital information necessary for a proper legal defense
when charged with marijuana DUI. For example, having the sample re-tested,
making motions to exclude the test, challenging the constitutional aspects
of the stop,and arrest are all possibilities in these cases. An attorney
is also crucial to ensure your license is not
suspended by the DMV.
Are DRE Officers Reliable? A DRE is a special officer brought in to evaluate a person suspected of
driving under the influence of a drug. These officers go through special
training but are not Doctors or Scientists. DRE officers are often wrong
in their conclusions about drug impairment. The best way to establish
this in your case is to obtain the "Rolling Logs" that an officer
is required to maintain. These logs can be acquired in the criminal discovery
process and can yield very important data about the past arrests they made.
Top 3 Ways To Get A Marijuana DUID Case Dismissed!
1.
The Officer Pulled You Over Unlawfully. This is one of the biggest reasons cases are dropped. You see, the Constitution
gives all citizens the right to be free from governmental siezures unless
the officer can articulate, in Court, an objectively reasonable basis
for detaining you. Many times cops will stop a car on a hunch or whim
and this is not sufficient. Matt has had many DUID cases dropped for bad stops.
2
The Cop is Improperly Trained. Many police officers lack the specialized training to detect
drug impairment vs. alcohol. The top cops have a DRE background which is the
highest level of training. The next level down is the ARIDE trained cop
who has a higher level of instruction, and last is the beat cop with academy
only training. Matt knows how to destroy the opinion of an improperly
trained officer and get the case dropped!.
3.
You are Innocent. The tests done on people suspected of DWI Marijuana are sadly lacking
in scientific veracity. Further, the laboratory tests are often insufficient
to establish impairment by cannabis. Matt knows the science and knows
many folks are falsely accused of driving while impaired and he can prove
that in Court.
Our office has an unparalleled track record in criminal cases where DUI
is alleged due to the ingestion of marijuana alone. Call us today for
a complimentary consultation directly with the attorney who will defend
your case. Toll Free at
1-877-213-4453