Court Dismisses Case Where Defendant Admits to Smoking ‘Weed’ Before Driving

A recent case in Suffolk County may have made it more difficult to prosecute driving while intoxicated by drugs, a violation of Vehicle and Traffic Law Section 1192(4), also called DWI Drugs. In New York like other states, just as it is illegal to drive while intoxicated by alcohol it is also illegal to drive when one’s ability is impaired by a drug like marijuana (which New York’s law calls “marihuana”).

In the case of People v. Malone, 2015 NY Slip Op 51855(U) Suffolk County….

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