by David HarveyClay Achieves First Jury Trial Victory in OVI Case, Secures Not-Guilty Verdict for Client
Clay secured his first jury trial win in a marijuana OVI case with Mike Welsh assisting him. Their client, N.P., had crashed his truck during a seizure, and a subsequent blood test showed active marijuana despite his medical marijuana card. Initially hesitant due to his injuries, N.P. proceeded with the trial after Mike’s reassurance and a judge’s flexible schedule.
The prosecution’s witnesses could not conclusively link the client’s condition to marijuana impairment, and their expert acknowledged that frequent marijuana users might not be impaired even with active marijuana in their system.
A significant legal debate centered on whether the medical marijuana defense was an affirmative defense. Clay successfully argued it wasn’t, leading to favorable jury instructions. The jury returned a not-guilty verdict, citing insufficient evidence of impairment and the expert’s testimony.