Archive for the ‘Marijuana Possession’ Category

Driving Under the Influence of Marijuana

Wednesday, May 16th, 2012

A DUI is a very serious crime that takes the lives of many each and every year. When you usually think of a DUI crime you think of an individual simply having a bit too much to drink and getting behind of the wheel of a vehicle. However, that is not always the case in our world today. Many individuals that are actually charged, and later convicted of a DUI crime actually are driving under the influence of drugs, whether they are prescription medications, or illegal substances. However, what happens when you driver under the influence of marijuana?

The Green Meany

Marijuana is an illegal substance in the United States, but this does not stop individuals not only from using it, but from also abusing it as well. Marijuana has many different street names, or names within pop culture, however, the usual names individuals call it is either “weed”, or “pot”. The substance actually creates a high for the individual who smokes, or consumes the substance, which can last a short period of time, or also for long periods as well.  Yet, marijuana presents a larger issue for drivers whether they are participating in using the substance or not.

Pot Problems

Similar to alcohol, individuals who are either “high” or use marijuana exhibit physical, and responsive side effects of being under the influence of the substance. Some side effects include, but are not limited:

  • Blood-shot eyes
  • Delayed responses
  • Swerving on roadways
  • Slurred speech
  • Ignoring traffic signs and signals
  • Going above, or under the speed limit

Whether you are under the influence of alcohol, or marijuana it is all the same in the eyes of the law. While field sobriety tests are limited to that of a breathalyzer at the moment, which is to determine the blood alcohol content, or BAC, of an individual consuming alcohol; many law enforcement offices are now looking into salivary tests that will be done during a field sobriety test as well. When you get behind the wheel of a motor vehicle under the influence of alcohol, illegal substances, prescription medications, or anything that takes away from your concentration of safety out on the roadways you are putting not only yourself at risk of being injured, and killed, but all others out on the roadways as well.

When you have been charged with a criminal offense, you want an experienced defense lawyer protecting your rights every step of the way. I am attorney Michael V. Worgul, and from my offices in Pittsburgh, I have dedicated my entire career to criminal defense. Having handled over 1,000 cases, I know what to expect in court and I am not afraid of a challenge. To start your case call 1-855-DUI-CRIM today!

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Synthetic Drugs and Your DUI

Friday, April 20th, 2012

In this day and age many individuals are faced with different situations and opportunities than that of our generation predecessors. However, no matter what generation that you are apart of drinking and driving or driving under the influence of any drug is illegal all over the United States. Today, a national law does not yet exist that unifies all states with similar consequences and punishment for individuals who participate in drinking and driving, but we can assume that soon there will be one. When an individual partakes in driving under the influence of drugs they are putting not only their well-being and safety at danger, but also other innocent individuals.

Today, driving while under the influence of other drugs besides alcohol is not uncommon by any means. Many instances have shown that drivers will drive not only under the influence of illegal substances such as marijuana, but also prescription medications that are not even rightfully prescribed to them.

Most of the time these individuals are not only charged with driving while under the influence, but also possession charges as well, which can easily end with that individual having a lengthy portion of jail time on top of the normal consequences for committing a DUI.

However, more and more drugs today have generic or synthetic counterparts that can easily impact an individual’s health with similar side effects of the other drug. One recent incident in Pennsylvania truly highlights this for individuals.

A man was pulled over for what appeared to be drinking and driving. From there, the officer began asking the man routine questions and then looked into his vehicle to see if any substances were present, which that of bath salts were. Although the substance was once sold in many stores, even gas stations, across the United States, most states are now banning the substance or completely outlawing it due to the fact its basically a synthetic “legal” aspect of an illegal drug.

The man was not only charged with driving under the influence of drugs, but also charged with possession. Yet, sometimes individuals can not only be falsely accused of driving while under the influence, but also could face possession charges if they unknowingly have the substance in their vehicle. Make sure that you are up to date with all of the synthetic and generic forms of drugs that have been taken off the market for the public’s safety in order to make sure that you are seen in the image that you truly are, innocent.

When you have been charged with a criminal offense, you want an experienced defense lawyer protecting your rights every step of the way. I am attorney Michael V. Worgul, and from my offices in Pittsburgh, I have dedicated my entire career to criminal defense. Having handled over 1,000 cases, I know what to expect in court and I am not afraid of a challenge. To start your case call 1-855-DUI-CRIM today!

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Marijuana Possession in Pittsburgh – Serious Consequences in Pennsylvania

Thursday, April 7th, 2011

A growing number of states have enacted medical marijuana laws, and a few appear to be close to legalizing possession of marijuana even for recreational use.  However, Pennsylvania has been slow to follow suit.  While Pennsylvania legislators are currently considering a medical marijuana bill, even possession of marijuana for legitimate medicinal purposes can expose you to very serious penalties that may have a significant impact on your life.  A conviction even for possession of a small amount of marijuana may result in jail time, substantial fines and suspension of your driver’s license.  The penalties and attendant consequences of even a simple possession charge are potentially too severe not to fight.  If you have been charged with a criminal offense based on marijuana possession, our experienced Pittsburgh drug defense attorneys will carefully analyze the facts and circumstances of your case so that we can provide the best possible defense.

Drug penalties in Pennsylvania, even a drug like marijuana, can carry significant mandatory minimum penalties. The penalties in Pennsylvania for marijuana possession include:

ñ  Misdemeanor charges of up to 30 days in jail and up to a $500 fine for possession of 30 grams or less.

ñ  Misdemeanor charges of up to 1 year in jail and up to $5,000 in fines for possession of more than 30 grams. (First Offense).

ñ  Misdemeanor charges of up to 3 years in prison and up to $25,000 for possession of more than 30 grams. (Second Offense).

ñ  With any amount of possession, you may receive a six (6) month driver’s license suspension.

An extended license suspension can limit your freedom and result in the loss of your job, home and even your family because of the enormous financial pressure.  Our experienced Pittsburgh criminal defense attorneys understand the serious long-term consequences that can result from a Marijuana possession charge so we leave no stone unturned in developing a sound defense strategy designed to obtain an acquittal or dismissal of charges.  Where the facts of your case make this impossible, we aggressively negotiate with the prosecutor for a favorable plea agreement intended to result in the minimum possible disruption of your life.

The prosecutor must prove certain elements (facts) beyond a reasonable doubt to obtain a conviction for possession of marijuana:

ñ  You knowingly and intentionally possessed marijuana

ñ  You actually had control of the marijuana

ñ  You knew it was an illegal drug (i.e. marijuana)

Every case is different so we carefully investigate and analyze the facts of your particular case, which allows us to determine the most effective defense strategy.  Some common defenses that we use include:

ñ  Disputing that you had control of the marijuana.

ñ  Arguing for suppression of the evidence (marijuana) based on a lack of sufficient legal basis for the search or other procedural issues in executing the search.

ñ  Challenging whether you knew that the substance was marijuana (i.e. lack of awareness of the contents of a package).

ñ  Mitigating factors that may lead to a reduction of charges.

While we always explore every possible defense strategy for preventing a marijuana possession conviction, we will also explore potential plea agreements which may get you probation instead of jail time.  Our experienced Pittsburgh marijuana possession attorney will diligently defend your freedom, driving privileges and your financial future.

With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues throughout the state of Pennsylvania.

I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case.  You will also find out how our practice can be put to work for you.

I look forward to listening to the circumstances of your case and discussing all available options under the law.

Sincerely,

Michael V. Worgul

Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943

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