This was one of my first marijuana OWI cases after Michigan passed its so-called "any amount" law. Prior to this case, I don't think I ever had a driving while under the influence of marijuana case come across my desk. They just weren't that common. Motions in this case typically ranged in the 20 - 50 pages, but frequently exceeded a hundred pages, and the prosecutor and I fought like cats and dogs. The judge was almost always on my side, although that's extremely rare in OWI cases. This was new law and new ground, and the judge wanted to hear about the science.
Following a minor traffic accident, my client volunteered to provide a blood sample for investigating police officers. The investigating officer claimed to detect the scent of marijuana but found no evidence of narcotics. My client's blood measured 20 nanograms of marijuana metabolite (THC-COOH) but no active marijuana was detected. The 20 ng/mL represents an extremely small amount, indicating that the he may have been inadvertently exposed to marijuana or another substance, or he may have smoke marijuana months before the accident. Keep in mind that Michigan law has changed a lot since this charge, but I was the first lawyer challenging the ridiculous "any amount" law at that time. The Michigan State Police Forensic Laboratory could not explain why no actual marijuana was detected by their lab, but the prosecutor attempted to proceed with the case.
My client was a young college student. He was not an active marijuana smoker and claimed that he never smoked marijuana. His mother was extremely concerned about his college, scholarships, and his future if there was a conviction. I pulled out all the stops on this case, and I fought it on every level.
People v Derror was decided after I won this case, and the defense consulted with me prior to the Derror decision. I won my case hands down. I filed motion after motion, and, ultimately, the charges were dismissed by the prosecuting attorney in light of those challenges. The science simply did not support the charge. Nonetheless, the Michigan Supreme Court would proceed to rule a year or so later that identical arguments to those that I had raised in my case were invalid in Derror. The Derror decision was ridiculous, and I regret that I was not more actively involved in that case. A few years later, a new panel on the Michigan Supreme Court reversed the bad Derror decision in People v Koon. The Koon decision accurately reflects the motions and arguments that won me my case in this case. I felt vindicated after the Koon decision was handed down by the Michigan Supreme Court.