Saturday, November 9, 2024

Not Guilty Verdict in Mendocino County Cannabis DUI Case

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The following is a press release issued by the Mendocino County District Attorney’s Office:


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[Stock photo by Matt LaFever]

A Mendocino County Superior Court jury returned from its Wednesday deliberations this week to announce it had acquitted the trial defendant.

Sophia Faith Gonzales, age 20, of Lakeport, was found not guilty of misdemeanor driving a motor vehicle while under the influence of cannabis.

Unlike with alcohol where it is illegal to drive with a blood alcohol of .08 or greater, California has not adopted per se thresholds prohibiting driving with certain nanogram levels of drugs in one’s system.

Eighteen out of the fifty states have adopted zero tolerance or non-zero per se laws for cannabis.

Ten of those 18 states have adopted laws with zero tolerance for driving with THC or a metabolite in one’s system.

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Four of the states have laws with zero tolerance for driving with THC in your system but no restriction on metabolites.

Four of the states have specific per se thresholds for nanogram levels of THC not to be exceeded if driving.

One state (Colorado) has a “permissible inference” law for prosecutions for driving under the influence of cannabis.

Colorado’s permissible inference law states that if a driver’s blood test shows a five nanogram level of THC or higher, the jury shall be instructed that they can permissibly infer that the driver was impaired at the time of driving.

With the passage of Proposition 64 in 2016, the CHP was given monies to investigate and make recommendations regarding drug-impaired driving, including driving under the influence of cannabis.

When the CHP issued its final Prop 64-related report and recommendations in 2021, the CHP did not recommend establishing per se drug DUI thresholds in California like those used for alcohol.

The law enforcement agencies involved in the investigation and prosecution of Ms. Gonzales’ case were the Mendocino County Sheriff’s Office, the California Highway Patrol, and the California Department of Justice crime laboratory.

Deputy District Attorney Joshua Hopps presented the People’s evidence at trial.

Mendocino County Superior Court Judge Keith Faulder presided over the three-day trial.

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7 COMMENTS

  1. People drive 60 mph on our 25 mph road, but there has never been a ticket or a cop on our road, despite the fact that it is widely known people speed here, yet the CHP thought they had better pull over, test, and arrest a 20 year old on something that is not even against the law, lol. BTW, a DUI is no small matter. It would have been on this young lady’s record forever, and that could disable her in her career. All over something that has never been enacted, and that CHP thought they could take into their own hands. My opinion is they should stop wasting our money on non-offenses and get busy protecting us against speeders who actually endanger neighborhoods. especially walkers, joggers and children. Before something tragic happens, God forbid. My heart aches and I freeze with apprehension when I think of the sorrow that could be the result of the inaction on the part of the CHP/Sheriff in our neighborhood. That in itself is a crime, in my view.

    • I looked into the law on DUI on marijuana laws in Mendo and see that DUI covers all “drugs”, which includes any cannabis product including CBD, which is available over the counter. However, the law cannot use testing in a trial or as proof of a DUI, as evidence, since testing is so unreliable. They can blood test you after an arrest on DUI or other driving offense, but you can refuse the blood test. However, if you refuse the blood test you will lose your license for a year! If they do find THC it can be from previous use unrelated to driving the car, as THC stays in your system for weeks, maybe more. So the whole system is wonky. I’m saying THC in large quantities, especially in combination with alcohol DOES impact your driving, but smaller doses and CBD do not. The law does not work yet, and needs work.

  2. All I know is people that are high are impaired and should not drive. How many solo roll overs in Mendo cnty now. Like approximately a day! How many drivers leave the scene of an accident? Just cause people want to do drugs doesn’t give them the right to drive and risk harm to others while high. I have two friends when high, they are definitely impaired. They think they are fine. Should see their eyes and facial expressions. They are not. Thank goodness they have the sense to not drive. If pot stays in system next day…that’s on them too. How many jobs not gotten…from pot addiction? Is it ok to give unemployment to a pothead that cares more about a drug than working6? Pot & other products have different effects on different people. Why do people excuse this behavior…when will it be bad? When a child dies while in car, from a parent driving high? Is that excusable? Please stop excusing possible car accidents and possible injuries by impaired drivers. This county has gone to pot….literally safety has too.

  3. What the heck kind of reporting was this anyway?
    Report the case not the laws of a bunch of other states. That is completely irrelevant here.

  4. What’s messed up is the public defender will tell you to take a deal and plea to a lesser charge knowing damn well that they can beat the case. Odds are this person was bailed out and payed for a lawyer out of pocket.

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MendoFever Staff
MendoFever Staff
Editor's Note: Whenever an article's byline reads "MendoFever Staff", the contents of that article were not composed by any of our reporters. Types of writing that will be attributed to "MendoFever Staff" include press releases, letters to the editor, op-eds, obituaries— essentially writing that is not produced by a reporter.

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