Court of Appeals Reverses Oakland County Operating While Intoxicated Conviction

After a conviction in a difficult case which spanned over five years, the Michigan Court of Appeals overturned the trial court's decision regarding allowing the use of carboxy thc in prosecution of a felony drunk driving case.  Jim Amberg argued the appeal and the Michigan Court of Appeals agreed that it was improper for the prosecutor to use carboxy thc as a basis for impairment because carboxy thc does not impair the body. Rather than proceed to trial, the Oakland County Prosecutor dismissed the felony drunk driving against Jim’s client!

Jim tried the felony drunk driving jury trial and it is important to note that the jury felt very strongly that the client was not intoxicated, nor impaired, by alcohol. They specifically voiced their anger and frustration at the Oakland County Prosecutor’s Office for bringing a case that relied on the use of carboxy thc, considering the state lab expert testified that it was not an impairing substance.

Although it took five years, Jim finally got what he wanted, the dismissal of the felony drunk driving charge. Now his client can go on with his life without the threat of jail and without a felony conviction on his record.