• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

(508)-656-0057

brian@simoneau.com

Framingham Hardship License Lawyer

Get your driver's license back.

  • Home
  • Hardship Drivers License
    • What is a Hardship License & How to Get One
    • Documents Required for DUI Hardship License
    • Drug Related License Suspension
    • Habitual Traffic Offender Revocations
    • RMV Hearing Procedures
    • Out of Massachusetts State Violations
    • Latest Hardship License News
  • DUI Suspensions
    • Intelrock Devices
    • 2nd Offense DUI
    • Breathalyzer Refusal Suspensions
    • Chemical Test Refusal Suspension Appeals
    • Massachusetts License Reinstatement Hearings
    • Under 21 DUI
    • SR-22 Insurance Certificates
    • Latest DUI Suspension Information
  • Board of Appeal
    • Board of Appeal Hearing Procedures
    • The Authority of the Board of Appeal
    • Your Board of Appeal Hearing Memo.
    • Hardship License Denial Reasons
    • More Board of Appeal Information
  • Blog
Get My License Back

DUI Marijuana Arrest Allowed Based on Observations

You are here: Home / Mass. RMV News / DUI Marijuana Arrest Allowed Based on Observations

January 17, 2019 By Attorney Brian E. Simoneau

In the case of Commonwealth v. Mark J. Davis, the highest court in Massachusetts has recently ruled that police officers can arrest for DUI Drugs based on the officer’s observations.

The ruling stems from a 2015 arrest made by then Massachusetts State Police Major Daniel Risteen.  Major Risteen observed speeding, weaving, and erratic operation on the Route 90, the Mass. Turnpike. He noticed telltale signs of marijuana use such as red, glassy, droopy, and “heavy” eyes. He also observed slow and lethargic speech. He testified in court that the passengers also appeared to be high on marijuana. He detected strong marijuana odors coming from the vehicle and the driver admitted that he had smoked marijuana a couple of hours prior to driving.

Major Risteen determined that he had probable cause to arrest the driver for OUI Drugs. The arrest led to the discovery of an illegal firearm, oxycodone pills, and marijuana. The Supreme Judicial Court ruled that the arrest for operating a motor vehicle while under the influence of marijuana was valid and justified based on the Major’s observations of the driver’s appearance, demeanor, and behavior during the motor vehicle stop.

It is a crime in Massachusetts to drive if substances such as alcohol or marijuana diminish the driver’s ability to safely operate the motor vehicle. The driver does not have to be “drunk” or “high on drugs.” All that the law requires is diminished capacity to safely operate by reason of drugs or alcohol. Even legal drugs can result in a DUI charge. Police officers and other lay witnesses are allowed to testify regarding their observations of impairment.

Here, the driver had trouble keeping his eyes open and following simple instructions. He had trouble focusing and his coordination was slow. Also, he admitted to marijuana use.

With the legalization of marijuana, Massachusetts Police Officers will be on the lookout for impaired drivers and the number of DUI drug prosecutions is likely to increase. A DUI drugs conviction carries the same license suspension penalties as DUI liquor and all repeat offenders will be required to use an ignition interlock device, even if the conviction is for drugs and not alcohol.

Filed Under: Mass. RMV News

Primary Sidebar

550 Cochituate Rd. #25
Framingham, MA 01710
Phone: (508) 656-0057
Fax: 508-302-0212
Email: brian@simoneau.com

Call or text anytime.

Hours of Operation

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM
SaturdayClosed
SundayClosed

Recent Posts

  • Handicapped Placard Can Trigger License Suspension
  • Breath Tests Excluded in MA DUI Trials
  • Ignition Interlock Proposed for First Offenders
  • Hand Sanitizer and the Ignition Interlock Device
  • What is a Cinderella License?
Ready to start?

The first step for a hardship license is to contact us.


Get My License Back
Your Message Has been Successfully Sent. Looking forward to speaking with you soon.
Your Message Has Not been sent. Try again later.

Footer

Contact A Lawyer Today

Contact me today so we can get started getting your driver's license back.

550 Cochituate Rd. #25
Framingham, MA 01710
Phone: (508) 656-0057
Fax: 508-302-0212
Email: brian@simoneau.com

Call or text anytime.

Important Links

  • Resources
  • Sitemap
  • DUI Suspensions
  • Contact
  • Hardship License Lawyer
  • Privacy Policy
  • Disclaimer & Terms of Use
  • About Us

Other Resources

  • Do I Need a Hardship License Lawyer?
  • RMV Hearing Procedures in Massachusetts
  • Breathalyzer Refusal Suspensions
  • Chemical Test Refusal Suspension Appeals
  • Hardship License Denial Reasons
Nav Map
Call Us
Text Us