In a recent Massachusetts case, the court considered whether field sobriety tests were admissible in situations in which the police believe a driver may have been driving under the influence of marijuana.
The case arose in 2013, when the police watched a blue motor vehicle traveling south on Route 146 without its rear lights on. The police followed the car and activated their lights. The officer approached on the passenger side. There were three people inside: the driver and two passengers. Smoke was in the car, and the officer smelled burnt marijuana when the window was rolled down. The officer also saw cigar tobacco on the floor and a cigar slicer on the key ring of the key that was in the ignition. The officer asked the driver for his license and registration.
The driver gave the officer his license but said he didn’t have his registration. The officer asked him how much pot he had in the car, and the driver answered there were roaches in the ashtray. Two mostly consumed rolled cigarettes were taken out of the ashtray and provided to the officer, who asked when they smoked pot. A passenger replied they’d smoked 20 minutes earlier, but the driver answered it had been three hours earlier.