How do police cite a driver for being under the influence of Marijuana? - Page 2

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Posted: 11/3/2009 2:43:21 PM EDT

[#1]

I think all they can do is administer a field sobriety test. You fail= DUI.

Posted: 11/3/2009 2:43:24 PM EDT

[#2]

Quoted:
I see marijuana use as a respectable form of civil disobedience.

Smoke away, just dont drive around all cheesed up...

Posted: 11/3/2009 3:04:59 PM EDT

[#3]

A classic..

Posted: 11/3/2009 3:11:02 PM EDT

[#4]

Quoted:
DRE Certification.

this

Posted: 11/3/2009 3:41:49 PM EDT

[#5]

Quoted:

Quoted:
You can be charged for driving while sleepy?

"Innatentive Driving" 169.14 in MN

Guess again https://www.revisor.mn.gov/statutes/?id=169.14

Posted: 11/3/2009 5:47:06 PM EDT

[#6]

Quoted:
It would depend on the state. I believe California does not have an admissable blood test for cannabanoid-impaired driving.

However, there is a section of the Vehicle Code that generically refers to driving while "impaired". That can apply to someone who is sleep-deprived or affected by prescription medication. I'm sure that someone driving while visibly stoned could be charged with that.

CA (I don't believe any state does) does not have a blood THC level at which a driver is presumed to be under the influence of THC - basically there is no equivalent to the .08 BAC.

The 'catch all' driving under the influence (of anything) section is CA VC 23152A, the specific .08 BAC section is CA VC 23152B. There are other sections for minors.

Brian

Posted: 11/3/2009 10:30:34 PM EDT

[#7]

Quoted:

Quoted:
OP just came up with the main logic based reason not to legalize weed

Bah...some legally prescribed, sustained release medications can make you test positive for opiates, benzodiazepines, and amphetamines....and all of them could impair your driving.

And in many states you can be cited or arrested for driving under the influence even if under the influence of prescribed or OTC drugs. Driving impaired is driving impaired and if you hit somebody and try to claim it was a legal drung you will lose. For example;

CA Vehicle Code

22350. No person shall drive a vehicle upon a highway at a speed
greater than is reasonable or prudent having due regard for weather,
visibility, the traffic on, and the surface and width of, the
highway, and in no event at a speed which endangers the safety of
persons or property.

When you run into somebody, it's pretty hard to argue that you weren't endangering persons or property. You hit them didn't you?

Posted: 11/3/2009 10:48:19 PM EDT

[#8]

You guys ever heard of the Jessica Williams case in 2000. Here in Las Vegas she was high on pot ran over six teenagers. Huge case made national news
http://www.klas-tv.com/Global/story.asp?S=2946717
http://www.klas-tv.com/Global/story.asp?S=1352560

pot is bad mmmmmkay
ETA
This is how it would work in NV
Nevada revised Statute 484-3795. The state's "Driving Under the Influence" law outlines six factors used to determine if someone is impaired. When Jessica Williams went on trial in 2001, she was charged under two of those factors. She was found not guilty of being under the influence of marijuana, but guilty of having trace amounts of the drug in her system.

Posted: 11/3/2009 11:47:31 PM EDT

[#9]

They could just cite you for erratic driving.

If they got a bit of it on dashcam you're not going to win it in court.

Posted: 11/4/2009 12:00:03 AM EDT

[#10]

Quoted:

Quoted:
DRE Certification.

this

Gotta love VGN

Posted Via AR15.Com Mobile

Posted: 11/4/2009 12:02:14 AM EDT

[#11]

Where is the friendly JBT to hash out the details?

Posted: 11/4/2009 5:01:01 AM EDT

[#12]

Quoted:
You don't drive erratic while stoned. Just really, really sloooowww....

Yes, the same slow motion you use reaching for the brake pedal, or turning the wheel when that child runs out in front of you.

Posted: 11/4/2009 5:04:18 AM EDT

[#13]

Quoted:

Quoted:
OP just came up with the main logic based reason not to legalize weed

Bah...some legally prescribed, sustained release medications can make you test positive for opiates, benzodiazepines, and amphetamines....and all of them could impair your driving.

And EVERY one of them have warnings on the side of the bottle telling you NOT to drive or operate machinery. And when I've had that stuff, the Dr. ALWAYS explained in detail that I was not to drive while using the stuff.

The fact that a narcotic is prescribed is not a defense to prosecution for DUI.

Posted: 11/4/2009 5:07:42 AM EDT

[#14]

With a blood or urine test.

Posted: 11/4/2009 5:10:32 AM EDT

[#15]

Police in Texas can now force a blood draw with a warrant. They call them "no refusal" weekends. That's a GOOD thing.

Posted: 11/4/2009 5:15:12 AM EDT

[#16]

wreckless driving is always a good one to nail them with. dash cams and audio certainly help build a case.

it doesn't matter what intoxicant you use, if you drive while under the influence, you are setting yourself up for a DWI charge. The charge alone is not cheap to fight, and people rarely get out of it completely.

Posted: 11/4/2009 5:52:46 AM EDT

[#17]

I don't partake in weed, and I....HATE...NEEDLES. Anyone trying to stick me against my will will be confronted with this:

And that is not just loud mouth talk...when I was SEVEN I wigged out at the dentist. Ever seen 2 regular sized adult dentists, plus a kid's father who is built like a power lifter and capable of moving the giant steel plates used in construction with his bare hands (yep, God bless my dad!), plus an adult female dental assistant try to hold down a 70 pound child and fail? That was the reality.

PCP handcuff breakers aint got shit on me!

Posted: 11/4/2009 9:43:02 AM EDT

[#18]

Cite for DUI and use the officers statements.

Posted: 11/4/2009 9:56:36 AM EDT

[#19]

simple ask them if there on pot if they are thell go huh. or ask them to open there eyes wider me and my friends i mean my friends will just raise there eyebrows not acually open there eyelids wider.

Posted: 11/5/2009 8:30:58 AM EDT

[#20]

Quoted:
I believe there isn't a current field test for marijuana intoxication. Sure there are urine and blood test, but they only detect if it has been in your system the past few days-weeks, not immediately now.

Convergence.

Posted: 11/5/2009 8:46:41 AM EDT

[#21]

Quoted:

Sure, they can. But the fact that they refused testing will be used against them in court.

Oh, and they catch a second charge for refusing testing, and if it's 2nd offense or greater we force the blood.

If their hemophiliac? Don't know, never really encountered that before.

10-43, but what offense it is depends on your DA. I've forced it on first with the blessings of my DA and never went to court on it.

Posted: 11/5/2009 12:42:12 PM EDT

[#22]

Quoted:

Quoted:

Sure, they can. But the fact that they refused testing will be used against them in court.

Oh, and they catch a second charge for refusing testing, and if it's 2nd offense or greater we force the blood.

If their hemophiliac? Don't know, never really encountered that before.

10-43, but what offense it is depends on your DA. I've forced it on first with the blessings of my DA and never went to court on it.

I know. Dave has said it's usually in poor taste to force 1st offenses though...iirc

Posted: 11/5/2009 12:46:21 PM EDT

[#23]

Dre here

Appear stoned
Fail field sobriety tests
Dre eval
Blood test
Charge dui drugs

Posted Via AR15.Com Mobile

Posted: 11/5/2009 12:57:55 PM EDT

[#24]

Quoted:
I believe there isn't a current field test for marijuana intoxication. Sure there are urine and blood test, but they only detect if it has been in your system the past few days-weeks, not immediately now.

Blood test with the presence of Hydroxy thc. Hydroxy is the psychoactive part of cannabis. Carboxy thc stays in the blaad for 30 days but is not psychoactive.

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Posted: 11/5/2009 12:57:58 PM EDT

[#25]

Quoted:

Wisconsin State Statute:
346.63(1)
(1) No person may drive or operate a motor vehicle while:
346.63(1)(am)
(am) The person has a detectable amount of a restricted controlled substance in his or her blood.

Field sobriety is performed, if it's failed the person is arrested and taken to the hospital to have a blood draw.

Yep, there ya go. It's a non issue. I hate the fear mongers who try to make believe that if pot were legal everyone would be driving stoned and there would be nothing we could do about it.

Posted: 11/5/2009 1:03:56 PM EDT

[#26]

Quoted:

Wisconsin State Statute:
346.63(1)
(1) No person may drive or operate a motor vehicle while:
346.63(1)(am)
(am) The person has a detectable amount of a restricted controlled substance in his or her blood.

Field sobriety is performed, if it's failed the person is arrested and taken to the hospital to have a blood draw.

Yep, there ya go. It's a non issue. I hate the fear mongers who try to make believe that if pot were legal everyone would be driving stoned and there would be nothing we could do about it.

Yep, demonstrate impairment (which could be driving or physical condition), then a chemical test.

Some places are true implied consent and there is no warrant necessary.

Posted: 11/5/2009 1:09:27 PM EDT

[#27]

Quoted:

Quoted:
OP just came up with the main logic based reason not to legalize weed

Bah...some legally prescribed, sustained release medications can make you test positive for opiates, benzodiazepines, and amphetamines....and all of them could impair your driving.

And you can go to jail for DWI with any of them.

Posted: 11/5/2009 1:11:32 PM EDT

[#28]

People who have a prescription for medical pot should have their driver licenses revoked. It's obvious they're going to get stoned every day and therefore have no business driving

Posted: 11/5/2009 1:23:19 PM EDT

[#29]

Quoted:
I don't partake in weed, and I....HATE...NEEDLES. Anyone trying to stick me against my will will be confronted with this:

http://i149.photobucket.com/albums/s79/PJBoySv/WallpaperHulk_byPJBoy.jpg

And that is not just loud mouth talk...when I was SEVEN I wigged out at the dentist. Ever seen 2 regular sized adult dentists, plus a kid's father who is built like a power lifter and capable of moving the giant steel plates used in construction with his bare hands (yep, God bless my dad!), plus an adult female dental assistant try to hold down a 70 pound child and fail? That was the reality.

PCP handcuff breakers aint got shit on me!

Do you drink and drive?

Posted: 11/5/2009 1:29:07 PM EDT

[#30]

DRE officers can admin field test similar to DUI field test.....if you fail then your charged with DUID. driving under the influence of drugs

Here in Oklahoma its DUID

Posted: 11/5/2009 1:30:10 PM EDT

[#31]

My guess would DWAI (driving while ability impaired)

Posted: 11/5/2009 1:30:58 PM EDT

[#32]

1.Observations.
2.FST's
3.Breath Test
4.DRE Evaluation.
5.Urine Test.

Posted: 11/5/2009 4:03:15 PM EDT

[#33]

Quoted:
1.Observations.
2.FST's
3.Breath Test
4.DRE Evaluation.
5.Urine Test.

Urine does not show Hydroxy THC, only Carboxy THC.

Blood will show Hydroxy THC which is psychoactive in the body at that time. Carboxy THC is a metabolite which shows recent usage, but does not mean that it was active at that time.

This is why a urinealysis is not recommended in these cases, but will be used as a last resort.