Mark W. Garka's Client was arrest for Driving Under the Influence of Marijuana/THC. The Arresting Officer applied for and was granted a Search Warrant for Mark W. Garka's Client's blood and a blood draw was performed. The State charged Mark W. Garka's Client with a Marijuana/THC DUI before having the results of the blood draw. Mark W. Garka ultimately receives the blood draw results from the State which shows only inactive Carboxy-THC and not active Carboxy-THC in his Client's system. This information alone should have been enough for the State to dismiss the case however the State would not dismiss this case; instead they offered to reduce the charge to Negligent Driving.

Mark W. Garka and his Client stood their ground and said “No Thank You!”

Mark W. Garka called the State Toxicologist, the State's witness, and confirmed that the Prosecuting Attorney would not be able to prove their case. Mark W. Garka passed on this information and convinced the Prosecuting Attorney to dismiss the case. The case was dismissed!