People v. Shakemma

*772OPINION OF THE COURT

Lawrence Donohue, J.

The defendant is charged with driving while under the influence of alcohol or drugs (Vehicle and Traffic Law § 1192 [4]). The defendant was charged with using marijuana. A probable cause, Huntley and refusal hearing was held.

The arresting officer testified that he observed the defendant driving on Montauk Highway in Patchogue. On two occasions, she swerved off the roadway and onto the road shoulder by half a car width. He then made a traffic stop. He went to the driver’s side window and observed the smell of marijuana. He asked who had marijuana. The…