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Santa Cruz marijuana DUI defense lawyerCalifornia law enforcement officers have faced a growing challenge over the past two years: how to keep the roadways safe from people driving under the influence of marijuana

Marijuana DUI Arrests Have Risen Since 2016

Two major events have led to an increase in marijuana use in California and a corresponding concern about driving under the influence of cannabis. First, Proposition 64, the Medicinal and Adult-Use Cannabis Regulation and Safety Act, was passed in November 2016; this allowed individuals to grow and use marijuana for their own recreational purposes. Second, Proposition 64 also legalized the sale of marijuana to anyone age 21 or older, effective January 1, 2018.

Drugged driving arrests have risen significantly in California since the state legalized the use of recreational marijuana. The Orange County crime lab reported that requests to process blood samples related to marijuana DUI arrests rose 40% between November 2016 and June 2017. In addition, the California Highway Patrol reported that marijuana DUI arrests increased 31% from January to August 2018 and that injuries attributed to marijuana DUIs doubled.  

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Santa Cruz DUI attorney parked carDrinking and driving inarguably puts everyone’s safety at risk. Sometimes, a driver leaves an establishment after consuming alcohol, only to realize that their intoxication was more severe than they originally estimated. Safety-conscious drivers may decide to pull their vehicle to the side of the road, find a rest stop, or even park at a gas station to take a quick nap. Although this decision ultimately prevents a potentially catastrophic accident, it also invites curious police officers to investigate the situation. DUI charges are possible in these cases, even when a drunk driver is parked and sleeping safely inside their vehicle.

DUI in a Parked Car

It is possible to be charged with DUI while in a parked car. However, a police officer must typically be able to show that you voluntarily moved your vehicle before the arrest. Voluntary movement may include something as minimal as a car rolling down a driveway after disengaging the parking brake. Other possible evidence that may show a driver moved their car while intoxicated includes:

  • The engine is warm.
  • The driver is in the driver’s seat.
  • The car is in drive.
  • The vehicle is at the scene of an accident.
  • The keys are in the ignition.

Santa Cruz Camping Ordinances

If someone is sitting in their car and behaving normally, a suspecting cop may not have reason to detain a driver, preventing them from obtaining evidence of a possible DUI. However, the city of Santa Cruz, along with many other California cities, has laws restricting sleeping in public. Many of these laws prohibit owners of registered vehicles from sleeping in their cars, except when there is written consent from the land or business owner granting permission, or in a designated camping area. 

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Santa Cruz, CA drunk driving defense attorneyFor decades, drunk driving was considered the most dangerous driving practice. However, in recent years, texting and cell phone usage give stiff competition for that top spot. Distracted driving leads to thousands of injuries and countless deaths every day in the United States. 

With today’s busy schedules, people often use their driving time as a prime opportunity to multitask. Distractions come from sources such as personal grooming, speaking to other passengers, and eating. Texting and other cell phone use is by far the most dangerous type of distraction. Given what we now know, considering both safety and the legal repercussions, which is the riskiest driving behavior: drinking or texting?

Safety Considerations

Overall, the prevalence of DUI is on a downward trend, while the frequency of texting while driving continues to rise. Although texting usually does not constantly affect a driver like driving while intoxicated does, it can cause a person to take their eyes off of the road for an unpredictable length of time. A distraction for even a split second increases the likelihood of an accident by 23%, a rate similar to the probability of an accident after drinking four beers. According to the National Highway Traffic Safety Administration (NHTSA), both behaviors are equally impairing to a driver’s ability to drive. Consider the following statistics:

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