A joint before driving: the court does not punish her
Convicted of having smoked before driving, a Zurich thirties woman saw her sentence canceled, thanks to her doctor.
20 minutes – Un joint avant de conduire: le tribunal ne la punit pas – Suisse
The December 15, 2012, a Zurich, now aged 39 woman, admitted during a traffic stop had used marijuana before getting behind the wheel. Sure of her, she had explained to the officers that his doctor had advised her smoking joints to relieve his back pain. And she was certain that in this case, she did nothing illegal. At trial, the Meilen district court had sentenced to a penalty and a fine. “The defendant should have inquired to know under what conditions the medical marijuana is allowed.” For it was indeed a recommendation from the practitioner, who has issued no order.
But counsel for the thirty-appealed, arguing that his client “had made an honest mistake” and arguing that an oral prescription was just as valid as a written document. The Cantonal Court, which ruled it a few days ago, acquitted the driver. “His behavior when monitoring indicates that she thought to act legally, by following her doctor’s advice,” wrote the judges in their decision.
They also felt that it was not for the defendant to verify the information from his doctor: “You can not blame her for not having sought to avoid his mistake,” they conclude. The Zurich has also received nearly 17,000 francs damages. Legal costs are the responsibility of the State.
