Paul found guilty on marijuana charge by jury

A jury in Lincoln County this week found John Hugh Paul guilty of felony operating a non-commercial vehicle under the influence of marijuana.

Montana Highway Patrol troopers arrested Paul, 60, in October after he sped up Farm to Market Road. According to court documents, Paul’s vehicle was missing bumpers and a front license plate, further raising suspicion. The rear license plate was taped to the window, court documents said.

In an affidavit, Trooper Eric Powers wrote that Paul’s driving after the emergency lights came mimicked those of an impaired driver. He did not pull over on a paved shoulder, instead driving slowly to a parking spot at a nearby gas station, Powers wrote.

Upon being asked for a driver’s license, Paul told Powers he did not have one. The trooper later discovered that the license was revoked, court documents said.

Powers reported smelling the odor of marijuana on Paul as well as the faint presence of an alcoholic beverage. Paul admitted to splitting a joint about an hour prior, but Powers suspected he had smoked much more recently, court documents said.

Powers led Paul through a roadside sobriety test. Paul exhibited signs of being high during the convergence test, Powers wrote. He also struggled with the walk and turn test at one point needing reminding of how to complete it.

Trying to discern whether Paul was intoxicated or under the influence of marijuana, Powers checked his blood alcohol content, which was .030. Paul was arrested for driving under the influence of marijuana soon after.

Paul, who pleaded not guilty, was convicted following a two-day trial. County Attorney Marcia Boris prosecuted the case. Scott B. Johnson served as Paul’s defense attorney.

Operating a non-commercial vehicle under the influence of marijuana, fourth or subsequent offense, carries a penalty of five years with the state Department of Corrections and a fine of $10,000. The motor vehicle involved is forfeited as well.

At a minimum, Paul faces a fine of $5,000 and 13 months with the Department of Corrections.

A sentencing hearing is scheduled in Lincoln County District Court for May 24.