After receiving a 911 call from a civilian who reported following a car that was all over the road and struck a telephone pole, the police located the vehicle and observed it crossing the center line and nearly strike the curb. When the vehicle was pulled over, its two right tires ended up on the sidewalk. Police testified that the Defendant fell asleep three different times while speaking with them and admitted to smoking 5-6 joints only 30-45 minutes prior. Police testified that the Defendant had difficulty getting out of his vehicle and eventually fell back into his truck while speaking with them. The Government presented an expert witness who testified to the effects of marijuana. Attorney Riccio successfully argued that the Government failed to establish that the Defendant was under the influence of marijuana while he was driving. The jury returned a verdict of Not Guilty on the charge of OUI- Drugs, 4th Offense, and a verdict of Guilty on the charge of Reckless Operation.
