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Tested positive for THC in Morbihan, motorist released with benefit of the doubt

I would like that from time to time, there would be a minimum of justice in this court, and that we would put an end to the theory of everyone being guilty.” launches in the preamble, Me Olivier Couespel du Mesnil, at the bar of the court of (Morbihan), Wednesday November 20, 2024. I provide scientific evidence which demonstrates the innocence of my client, and the prosecution does not take it into account protests the council, before demanding the release of his client.

At the helm, a 37-year-old motorist. And this is not the first time he has appeared in court, including twice for driving while using drugs. Above all, he is afraid for his license.

Negative analyzes

The facts with which he is accused date back to September 4, 2023. He is one of the many motorists checked in the town of Saint-Avé (Morbihan). His alcohol test came back negative, but the saliva test came back positive for THC. Since his last conviction, the defendant says he has not smoked cannabis. He did blood and saliva tests the next day (i.e. within 72 hours which could demonstrate the use of narcotics) which turned out to be negative, with a THC level of zero.

For prosecutor Francis Bihin, the defendant had the possibility of requesting a second opinion on the day of the incident, which he refused. Wrong, no one asked him that question,” the council intervenes.

The magistrate relies on the judgment of the Court of Cassation which provides that the mere fact of the presence of THC results in the offense. And cannot be contradicted by personal analyzes outside of second opinion. He requires seven months suspended prison sentence, a €500 fine, and the cancellation of the license. Requisitions deemed disproportionate by Me Couespel du Mesnil, who was heard by the court which acquitted his client with the benefit of the doubt. The prosecution said it would appeal the decision.

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