New bill aims to make all 'drugged driving' illegal.

[Mrgrowem]

http://abclocal.go.com/kfsn/story?section=news/politics&id=8999364

SACRAMENTO, Calif. (KFSN) -- Everyone knows drinking and driving is not just dangerous, but also illegal. But what about driving under the influence of Kava tea or cough medicine? In California, that can be a gray area, but a new effort aims to change that.


"Perhaps the alcohol laws are effective, but actually not the drugged driving laws," former CHP Lt. Bob McGrory said. It's still hard for him to talk about the death of his son, Justin, who was also a highway patrolman. The 28-year-old was killed in 2010 when Rafael Garcia swerved into him during a traffic stop.

McGrory says Garcia had marijuana in his system, but the case ended in a hung jury. "The jury was unable to come to a conclusion whether he was under the influence, even after having overwhelming amount of evidence," he recalled.

The McGrory tragedy highlights how difficult it is to prosecute cases in California involving drivers under the influence of drugs. Unlike sobriety tests where a .08 alcohol level is considered legally impaired, there's no definitive threshold for "drugged driving."

Democratic Senator Lou Correa of Santa Ana has introduced a bill that makes it illegal to be behind the wheel with any detectable amounts of Schedule I through IV drugs unless you have a prescription. According to the U.S. Department of Justice, that includes Tylenol with codeine, Xanax, and Valium. "Any level of being drugged is dangerous when driving. So, the level should be zero. Zero tolerance," he said.

A prescription, though, doesn't give drivers a pass. An officer can still pull over anyone who's driving appears impaired. Not everyone agrees with the proposal. Opponents say the measure is too tough on those who use medical marijuana legally and those who use over-the-counter cold medicines. They claim ingredients in Claritin and Dayquil could cause someone to test positive for drugs and pot may linger in the body for weeks.

They'd rather see an impairment test. "The problem is that they can be driving, but the cannabinoids stay in their system for 30 days. So, they may not be impaired. There may be no problem," said Lanette Davies with Crusaders for Patient's Rights

A 2012 Office of Traffic Safety study found that drugged driving is more prevalent in California than drunk driving.

(Copyright ©2013 KFSN-TV/DT. All Rights Reserved.)

Its gonna get real difficult out there. I know lots of people who take their drugs in the morning and drive to work.

 

[cravin morehead]

if they can't come up with testing that can tell when and how much you smoked, all these cases should get tossed out of court. in my profession, electrician, if i get hurt on the job, they are going to send me to get medical attention and get drug tested. even though i am legal as i can be in my state, if they find cannabis in my system, i can be fired. i would imagine this is going to be coming up in courts in the legal states really soon. seems to me, if you want to say i was under the influence and impaired, they should at leastbe able to prove i was under the influence at the time of the accident. i know, i know, our government doesn't need proof of anything anymore... fucking bullshit!!

cm

 

[MedicalGrower]

if they can't come up with testing that can tell when and how much you smoked, all these cases should get tossed out of court. in my profession, electrician, if i get hurt on the job, they are going to send me to get medical attention and get drug tested. even though i am legal as i can be in my state, if they find cannabis in my system, i can be fired.

Cravin
Seems there needs to be a new/better test for THC.
Regular or heavy medical users will test positive for high THC but may not have ingested for hours/days or even weeks, (from accounts of medical users) before being tested.

Until such a test is available I suspect there will be many challenges to the current blood test being used. See what Washington and Colorado comes up with here in the near future.
mg

 

[Infinitesimal]

if they can't come up with testing that can tell when and how much you smoked, all these cases should get tossed out of court. in my profession, electrician, if i get hurt on the job, they are going to send me to get medical attention and get drug tested. even though i am legal as i can be in my state, if they find cannabis in my system, i can be fired.

Cravin
Seems there needs to be a new/better test for THC.
Regular or heavy medical users will test positive for high THC but may not have ingested for hours/days or even weeks, (from accounts of medical users) before being tested.

Until such a test is available I suspect there will be many challenges to the current blood test being used. See what Washington and Colorado comes up with here in the near future.
mgView Image

there needs to be something like the hand held machines diabetics use to test their blood sugar, just a drop or two of blood, but instead of measuring the bloods sugar content it needs to measure the active THC levels within the blood and not the bodies inactive metabolites which is what stays in the body... cause they are good for you... science and medicine need to be dictating this policy NOT law enforcement and politicians!

it should be illegal for any law enforcement officer (current or former) or organization to indorse or denounce any bill or potential new law, it is an obvious conflict of interest and makes it easier to pass corrupt/unjust laws based on the ignorant and biased opinion of some LEOs...

AND politicians don't know anything about health or science... and it is not there job to keep anyone safe in the first place, that is unless we are all just born and raised to be a human resource for corporate exploitation... then yes it could be seen as the governments job to secure resources for corporations to utilize for commerce be it a human or natural resource (think oil-war in iraq, yeah I guess that is the governments job) though it shouldn't be

 

[wantaknow]

like the overwhelming evidance that they burned that dude to death with out due process,here come judge dreed

 

[lee van keef]

I've heard that a marinol prescription, being fda approved, can provide immunity against metabolite based DUI charges.

Of course you still need to be able to stand with one foot up, sobriety tests etc, but if you're too faded to pass you belong in jail anyways.

Anyone with a marinol script want to weigh in?

 

[kmk420kali]

I've heard that a marinol prescription, being fda approved, can provide immunity against metabolite based DUI charges.

Of course you still need to be able to stand with one foot up, sobriety tests etc, but if you're too faded to pass you belong in jail anyways.

Anyone with a marinol script want to weigh in?

Not true if it goes to a lab-- Marinol is THC only...if they find CBD etc...then they know it was weed--
Altho it may work for getting a job, since most of those tests are simple dip-tests--

 

[Agaricus]

Field sobriety test on steroids. It really wouldn't be that difficult to come up with a video-game-type test that checks reaction time, situational awareness, judgement etc.

Frankly, I don't give a damn what somebody's screwed up on. If they can't handle driving they shouldn't be on the road. Whether it's alcohol, weed, nyquil, exhausted after three straight shifts the person's taking your life in his hands. Or hers, gotta be equal opportunity.

Conversely, we all know that we can test positive for THC metabolytes when it's been days or even weeks without toking. No impairment at all but you can get a dui.

It's been a pet peeve of mine that these drug and alcohol tests can result in some really messed up people being given a pass while those with little or no impairment can be nailed. There's gotta be a better way.

 

[SeaMaiden]

Mgrowem, can you please link to that story? I recall a bill coming out last year, but it was quashed, IIRC.

 

[mean mr.mustard]

Caffeine is going to net you a seventy dollar ticket soon?

 

[cravin morehead]

and serotonin levels will be dui offenses too

 

[SeaMaiden]

Got the links, thanks! I seem to recall a bill regarding sleepy driving going around. Many accidents are now being attributed to drivers falling asleep at the wheel.

This sort of thing has to be handled carefully. There are a lot of people who live in areas here in California that are very poorly served, or completely unserved, by public transportation. I certainly understand the need and desire to get dangerous drivers off the roads (better enforcement of DUI laws we have already would be a great start, just read yet another article about someone with multiple, multiple alcohol DUIs being arrested yet again), but we must be careful not to create another ward of the state, or someone who's forced into relying on the state for food and housing, or becoming homeless.

 

[frito bandito]

http://abclocal.go.com/kfsn/story?section=news/politics&id=8999364
"Perhaps the alcohol laws are effective, but actually not the drugged driving laws," former CHP Lt. Bob McGrory said. It's still hard for him to talk about the death of his son, Justin, who was also a highway patrolman. The 28-year-old was killed in 2010 when Rafael Garcia swerved into him during a traffic stop.

good riddance

 

[amannamedtruth]

My state is ZERO tolerance. I've heard the same thing about marinol being a good cover, from folks with firsthand exp. A lawyer may be the safest reference, though.

 

[kmk420kali]

My state is ZERO tolerance. I've heard the same thing about marinol being a good cover, from folks with firsthand exp. A lawyer may be the safest reference, though.

Agree'd...a Lawyer is always best to ask!!
However, Marinol itself, instead of a Defense, could be your undoing--
It comes with this warning...

This drug may make you dizzy or drowsy or affect your judgment. Do not do any activities requiring alertness and clear thinking, such as driving or using machinery, until you know how this medication affects you and until you are sure you can perform such activities safely. Alcohol can worsen these side effects. Avoid alcoholic beverages.

All the cop has to do, is say you failed the Field Sobriety Test, and though not impossible to beat, it will be much harder-- You can get a DUID for any drug that causes you to be impaired--
Unfortunately, these things are still up to the "Opinion" of the arresting Officer--

Here is some advice from Lawyers-- http://www.avvo.com/legal-answers/if-i-have-a-prescription-for-marinol---pharmacutic-777477.html

 

[Bobo Bolinsky]

What's more dangerous, high on weed driving or hands free fone device? Not even close, but reality has nothing to do with repression..

 

[Grass Lands]

This is not about "being high" while driving...I bet dollars to donuts there will be some hefty fines that go along with the said charges...in other words folks, ITS ALL ABOUT THE MONEY...seeing as our local, state and fed gov's are about to tank...