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Posted: 4/23/2014 1:56:42 AM EDT
[#1]
Good decision.
DUI is driving under the influence obviously if there is no influence of the drug then there was no driving violation. This does highlight the difficulty of discerning "impairment" vs "detectable" substance and includes legal as well as illegal substances. Everyone wants a science based test that give a number to determine guilt, it's not that simple. No one want's to be doing road side gymnastics but impairment is the inability to judge and react. As society moves further towards zero tolerance this will only become more difficult to adjudicate. |
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Posted: 4/23/2014 9:10:10 AM EDT
[#2]
Interesting, I was a on a jury a few months ago that returned a guilty verdict on that same charge. He was also positive for a cocaine metabolite, but whatever.
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Posted: 4/23/2014 11:16:27 AM EDT
[#3]
Quote HistoryQuoted: Interesting, I was a on a jury a few months ago that returned a guilty verdict on that same charge. He was also positive for a cocaine metabolite, but whatever. |
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Posted: 4/23/2014 11:41:51 AM EDT
[#4]
If you're not under the influence how would they know?
In the case that got this law overturned, the dummy told the cops he had smoked the night before. I can see where it would be an issue if there were blood/urine samples taken after an injury accident, but unless a person was acting irrational during a regular stop, it just seems strange. |
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Posted: 4/23/2014 8:31:59 PM EDT
[#5]
Quote HistoryQuoted: If you're not under the influence how would they know? In the case that got this law overturned, the dummy told the cops he had smoked the night before. I can see where it would be an issue if there were blood/urine samples taken after an injury accident, but unless a person was acting irrational during a regular stop, it just seems strange. We do roadside testing now for alcohol and drugs. When I was on the road, i arrested more DUI Drugs than DUI alcohol. And they were all impaired, not just Carboxy THC. Hydroxy THC is the active metabolite of Delta-9 THC. In answer to your question, for instance: Person is people stopped for other violations, and the odor of Marijuana was in the car, and the driver was arrested for possession. The suspect admits to smoking days prior, or doesnt, so they ask for consent for blood/urine. Test comes back hot for Carboxy THC, instant DUI. I am actually ok with this new case law. Impairment is what kills.
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Posted: 4/23/2014 8:41:57 PM EDT
[#6]
Quote HistoryQuoted: Did he fail the sobriety test too? Quote HistoryQuoted: Quoted: Interesting, I was a on a jury a few months ago that returned a guilty verdict on that same charge. He was also positive for a cocaine metabolite, but whatever. IIRC he refused, which resulted in a forced blood draw for etoh. He also had a pot grinder on him, so that may have prompted them to test for drugs of abuse.
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Posted: 4/23/2014 9:25:13 PM EDT
[#7]
And most agencies will call DRE (drug recognition expert) officers out to scenes where you have someone fail the FST's but blow .00 on the PBT. Smell of mj, raised taste buds, green film on tongue, and the always popular they admit to smoking will get the DRE called.
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Posted: 4/24/2014 5:31:38 AM EDT
[#8]
Quote HistoryQuoted: And most agencies will call DRE (drug recognition expert) officers out to scenes where you have someone fail the FST's but blow .00 on the PBT. Smell of mj, raised taste buds, green film on tongue, and the always popular driving naked while covered in Doritos will get the DRE called. Fixed. |
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Posted: 4/24/2014 5:48:34 AM EDT
[#9]
Quote HistoryQuoted: Fixed. Quote HistoryQuoted: Quoted: And most agencies will call DRE (drug recognition expert) officers out to scenes where you have someone fail the FST's but blow .00 on the PBT. Smell of mj, raised taste buds, green film on tongue, and the always popular driving naked while covered in Doritos will get the DRE called. Fixed. LOL. Yes, I am a DRE Instructor, and that would be a request to respond to. With photos.
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Posted: 4/24/2014 6:50:08 AM EDT
[#10]
Anyone know how Colorado is dealing with DUI now that they legalized pot?
At some point they would need to set a standard for THC same as was done for EtOH I would expect? |
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Posted: 4/24/2014 11:48:39 AM EDT
[#11]
Quote HistoryQuoted: Anyone know how Colorado is dealing with DUI now that they legalized pot? At some point they would need to set a standard for THC same as was done for EtOH I would expect? A couple of states (Utah and Oregon IIRC) are attempting to create baselines for impairment in regards to THC. For instance, with alcohol, the law states if your BAC is between .00% and .05%, a jury can presume that you are not impaired/under the influence. Between .05% and .08% there is no presumption and over .08% the jury could presume you were impaired (ARS 28-1381(G)) These levels are based on testing a lot of drunk college students. (This is why driving with a BAC over .08% is a separate crime from driving impaired. Even if you don't act impaired, the jury can presume that your ability to drive has been impaired) However, because MJ has been illegal, in the US there has been no similar studies done of level of THC=impairment. A couple of months ago I spoke with a DPS criminalist who told me that those types of studies have been done in Europe and most findings seem to indicate that a level of 2 or 3ng/ml or greater of TCH would be equal to the over .08% BAC=impaired presumption. But I have no idea if states that are legalizing MJ will go that route or how long it will take to get an agree-upon level. Like I said, there is mountains of scientific tests used by the State to back up the .08% BAC limit. |
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Posted: 4/24/2014 11:50:10 AM EDT
[#12]
Quote HistoryQuoted: LOL. Yes, I am a DRE Instructor, and that would be a request to respond to. With photos. Quote HistoryQuoted: Quoted: Quoted: And most agencies will call DRE (drug recognition expert) officers out to scenes where you have someone fail the FST's but blow .00 on the PBT. Smell of mj, raised taste buds, green film on tongue, and the always popular driving naked while covered in Doritos will get the DRE called. Fixed. LOL. Yes, I am a DRE Instructor, and that would be a request to respond to. With photos. Friend of mine in New Mexico got into a pursuit with a drunk. When the drunk didn't make the turn and got ejected they found his body naked with a dildo in his ass. |
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Posted: 4/24/2014 8:59:19 PM EDT
[#13]
Quote HistoryQuoted: When the drunk didn't make the turn and got ejected they found his body naked with a dildo in his ass. ...if I had a nickel for every party that ended *just* like that, I could run off and retire in Arizona and play with guns every gotdamned day. |
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Posted: 4/24/2014 9:08:35 PM EDT
[#14]
Friend of mine in New Mexico got into a pursuit with a drunk. When the drunk didn't make the turn and got ejected they found his body naked with a dildo in his ass. The Land of Enchantment indeed. ETA: Was he somewhere around Demming? |
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Posted: 4/24/2014 9:15:32 PM EDT
[#15]
Quote HistoryQuoted: The Land of Enchantment indeed. ETA: Was he somewhere around Demming? Quote HistoryQuoted: Friend of mine in New Mexico got into a pursuit with a drunk. When the drunk didn't make the turn and got ejected they found his body naked with a dildo in his ass. The Land of Enchantment indeed. ETA: Was he somewhere around Demming? Farmington.
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Posted: 4/24/2014 9:21:40 PM EDT
[#16]
Farmington. *Foghorn Leghorn* It's a joke son don'tcha get it? 
http://www.demingheadlight.com/deming-news/ci_24899995/deming-hidalgo-county-settle-nm-anal-probe-lawsuit |
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Posted: 4/24/2014 9:43:13 PM EDT
[#17]
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Posted: 4/28/2014 10:05:35 PM EDT
[#18]
Quote HistoryQuoted:
Anyone know how Colorado is dealing with DUI now that they legalized pot? I just moved back down here from CO recently and the news was covering this just before I left. They came to 9 nanograms, via blood test. I could provide a source for this with a little bit of googling (I'm a "Google Whore" as per the wife), but it has been a long day and if you really want to find out I am sure you can find the answer much the way I would. |
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Posted: 4/29/2014 1:28:26 PM EDT
[#19]
Quote HistoryQuoted: I just moved back down here from CO recently and the news was covering this just before I left. They came to 9 nanograms, via blood test. I could provide a source for this with a little bit of googling (I'm a "Google Whore" as per the wife), but it has been a long day and if you really want to find out I am sure you can find the answer much the way I would. Quote HistoryQuoted: Quoted: Anyone know how Colorado is dealing with DUI now that they legalized pot? I just moved back down here from CO recently and the news was covering this just before I left. They came to 9 nanograms, via blood test. I could provide a source for this with a little bit of googling (I'm a "Google Whore" as per the wife), but it has been a long day and if you really want to find out I am sure you can find the answer much the way I would. |
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Posted: 4/29/2014 7:36:54 PM EDT
[#20]
It's 5 ng/mL...not 9.
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Posted: 4/30/2014 6:03:51 AM EDT
[#21]
5 Somes reasonable. I have talked to several criminality and other people in the know, and there is a lot of discussion on a proper amount being 3 ng/ml.
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Posted: 4/30/2014 8:54:52 AM EDT
[#22]
I personally don't care if a person is high, drunk, eating, masturbating, putting on makeup, or being Asian.
I've seen enough Asians drive like they're high and enough stoners drive safely that I've come to the following conclusion....I don't care about the "why", just don't hit me. I also believe that tailgating resulting in an accident causing more than $2500 should be a crime punishable by amputation of the right foot. I do about 550-600 miles a week. Most of it on the 101. I've got a hi def dashcam now. Front and rear. |
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Posted: 4/30/2014 6:32:06 PM EDT
[#23]
Quote HistoryQuoted:
I do about 550-600 miles a week. Most of it on the 101. I've got a hi def dashcam now. Front and rear. Thread detour: SM3, Have you done a write up on your cam system, why you chose it, its advantages over other systems and drawbacks? If not, would you consider it or do you have a link that you could direct us to about getting something like that set up? Thanks SM3 |
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Posted: 4/30/2014 7:26:53 PM EDT
[#24]
Quote HistoryQuoted: I personally don't care if a person is high, drunk, eating, masturbating, putting on makeup, or being Asian. I've seen enough Asians drive like they're high and enough stoners drive safely that I've come to the following conclusion....I don't care about the "why", just don't hit me. I also believe that tailgating resulting in an accident causing more than $2500 should be a crime punishable by amputation of the right foot. I do about 550-600 miles a week. Most of it on the 101. I've got a hi def dashcam now. Front and rear. I blame widespread vehicular narcolepsy.
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Posted: 5/1/2014 3:21:50 AM EDT
[#25]
Quote HistoryQuoted: Thread detour: SM3, Have you done a write up on your cam system, why you chose it, its advantages over other systems and drawbacks? If not, would you consider it or do you have a link that you could direct us to about getting something like that set up? Thanks SM3 Quote HistoryQuoted: Quoted: I do about 550-600 miles a week. Most of it on the 101. I've got a hi def dashcam now. Front and rear. Thread detour: SM3, Have you done a write up on your cam system, why you chose it, its advantages over other systems and drawbacks? If not, would you consider it or do you have a link that you could direct us to about getting something like that set up? Thanks SM3 Honestly, it was an impulse buy after reading a thread in GD. I'd been wanting one for awhile. This is the one I have. It's great so far. http://www.amazon.com/Asone%C2%AE-CAMCORDER-RECORDER-G-SENSOR-MONITOR/dp/B00IZ9I9L0/ref=pd_sim_sbs_hi_7?ie=UTF8&refRID=1PJVAWXVZGQF6PGG734A |
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Posted: 5/1/2014 9:28:10 AM EDT
[#26]
Quote HistoryQuoted:
Thread detour: SM3, Have you done a write up on your cam system, why you chose it, its advantages over other systems and drawbacks? If not, would you consider it or do you have a link that you could direct us to about getting something like that set up? Thanks SM3 Quote HistoryQuoted:
Quoted:
I do about 550-600 miles a week. Most of it on the 101. I've got a hi def dashcam now. Front and rear. Thread detour: SM3, Have you done a write up on your cam system, why you chose it, its advantages over other systems and drawbacks? If not, would you consider it or do you have a link that you could direct us to about getting something like that set up? Thanks SM3 Good call, I was gunna ask the same thing. Thanks OM and SM3 for the link |
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