I was reading Flem Whited’s "Drinking and Driving Law Letter " today.One case that was interesting was a case out of Illinois. In People v. McPeak , the court reversed a DUI conviction based upon the use of marijuana. The court held that the odor of cannabis coming from the defendant’s person coupled with his own admission that he had " taken two hits about an hour ago" was insufficient to sustain a conviction for DUI.
Now, the next question is why the smell of marijuana is enough to justify a search of a car based upon the smell of burnt marijuana. Smell alone should not be the basis of a warrantless search absent some corroborating evidence of drug usage.
On another note, one question you should ask an attorney you are considering hiring is does he or she read the " Drinking and Driving Newsletter.’
It may be an indication of how that attorney keeps up on new developments of the drunk driving law.