Superior court upholds driver’s license suspension based on suspected impairment involving marijuana

Topic: DUI, Decided by: Judge Teate 
Docket Number: 2226156 , Decision Date: April 7, 2023 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

A judge with the Superior Court of Chatham County upheld an OSAH Judge’s decision affirming a driver’s administrative license suspension. The superior court ruled, in part, that the underlying evidence supported the OSAH Judge’s finding, including “documented existence of indicia of impairment, and that [the driver] herself admitted that [she] had smoked marijuana twenty (20) minutes prior to being stopped.” The superior court also found that constitutional challenges to the traffic stop itself “were not germane to this appeal.”

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