In People v. Shakemma , Davis Shakemma was charged with driving under the influence (DUI) while using marijuana.
Shakemma was arrested based on an officer's detection of a marijuana odor, together with the latter's observation that Shakemma was impaired. However, no drugs were in sight and no field sobriety test was conducted.
According to Suffolk County District Court Judge Lawrence Donohue, any connection between marijuana and a driver's impairment must be explained by a witness with "specialized knowledge."
While the arresting officer was experienced in "detecting the presence of marijuana," he didn't have the proper training to establish that Shakemma was "actually impaired" while driving. As a result, the District Court concluded that the prosecutor couldn't establish a basis for Shakemma's arrest and dismissed the charge.
Would you call that a smoking result?
For a copy of the Appellate Division's decision, please use this link: People v. Shakemma