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The Marijuana Driving Case: What Defense & Prosecution Need to Know-Part 1, MJ Facts, The Stop, The Search, and Arrest

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Much has been discussed about the prosecution and defense in DWI cases. With the advent of the legalization of marijuana more people are driving under the influence of marijuana which is the number one drug used with alcohol while driving at about 27% of time. This is not your mother’s marijuana nor is it a garden variety DWI case. Marijuana and driving cases raise new issues related to all aspects of driving under the influence cases.

Part 1 of this CLE presentation traverses you through facts about marijuana use and potency, identifies the current status of marijuana driving laws across the country, and discusses how marijuana use impacts the brain and driving. It also addresses reports and studies regarding marijuana use and its impact on crashes and fatalities, the metabolization of THC and developing case law for THC metabolites, the search of the vehicle including the concepts of consent and expanded plain view and lastly the arrest which includes THC blood draws and McNeely implications and a visit with Miranda.

Whether you are a defense attorney or a prosecuting attorney, this presentation should not be missed.

Lecturer Bio

Judge Mary A. Celeste (ret.)

Judge Mary A. Celeste (ret.) sat on the Denver County Court bench where she was the Presiding Judge 2009 and 2010; the first woman to hold that position and was the co-founder of the Denver County Court Sobriety Court. She is the current education co-chair for the IALGT Judges; chair-elect ABA National Conference of Specialized Courts and Faculty for the National Center for DWI Courts (NCDC). She has served as the President of the American Judge’s Association and the Colorado Women’s Bar Association Foundation, and, as the National Highway Traffic Safety Administration (NHTSA) Judicial Outreach Liaison. She has written many articles and is a national speaker and expert on the topics of marijuana and alcohol/drug impaired driving. She has presented to NADCP, APPA, AJA, ABA, NHTSA, Lifesavers, Pennsylvania DUI Association, Michigan and Louisiana Association of Drug Court Professionals and to judges and other drug court professionals in the States of Colorado, Pennsylvania, Michigan, Nevada, Texas, Utah, and, Wyoming. She is available for consultation and expert testimony in marijuana driving cases for both the Prosecution and the Defense.

Judge Celeste (Ret.) is a worldwide expert on marijuana and driving and drugged driving and is available as an expert witness for both Prosecution and Defense and as a consultant to Toxicologists in impaired driving cases. She is designated as an expert witness in marijuana and driving and drugged driving with 2 companies: Expert Consulting Services, Inc.( ECS) and the Expert Institute. She has also been designated as an expert in marijuana and driving in a Court of Law. Contact her or go to for more information.

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