Lisieux court: motorist says he smoked legal marijuana, procedural error saved him

On Thursday, December 1, 2022, a motorist was tried in Lisieux (Calvados) for driving under the influence of cannabis. ©Illustration by AdobeStock

CBD, also called legal cannabis, has not been discussed for several weeks in a courtroom in Lisieux (Calvados). But it was mentioned again by a motorist who tested positive for THC at Bonneville-sur-Touc on August 6, 2022 at 8:50 pm while driving his Clio.

“A debate we will never get out of,” sighed his lawyer, Maître Marie-Pia Klaus, before raising an exception to invalidate the control report due to lack of information about the saliva screening test his client was subjected to.

“Not on the side of the road”

The respondent claims to have stopped using cannabis for 2 months and now uses only CBD, which he buys in the store “off the shelf”. “Not by the wayside,” he clarifies before explaining to the judge why he didn’t request a second opinion immediately after control. According to him, the gendarmes informed him that it cost 500 €, entirely at his expense.

“I do not question the word of the gendarmes”

This assertion, which had already been made in court under similar circumstances, provoked a reaction from the prosecutor. “I do not question the words of the gendarmes. They swore. No one has the right to dissuade anyone from requesting a re-examination.”

Virginie Le Necher is seeking a 120-day fine of 10 euros, confiscation of the car and revocation of the license, since the defendant was a repeat offender. After consulting, the court satisfied the objection about the nullity of the protocol put forward by Marie-Pia Clos. The driver is relaxed.

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