Tag: drugged driving
The Arizona Supreme Court has ruled that prosecutors need proof a driver was impaired by his consumption of marijuana to convict of drugged driving. The presence of THC metabolites in the driver's blood is not enough.
The opinion, available here, states that medical evidence shows the presence of Carboxy-THC does not equate to impairment.
“Because carboxy-THC can remain in the body for as many as 28 to 30 days after ingestion, the state’s position suggests that a medical-marijuana user could face prosecution for driving anytime nearly a month after they had legally ingested marijuana,” Brutinel wrote. “Such a prohibition would apply even when the driver had no impairing substance in his or her body.”
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Congrats to Jerry Lefcourt and Bill Aronwald, defense lawyers for Kerry Kennedy, for the acquittal today on charges of drugged driving. The jury deliberated for one hour.
On July 13, 2012, she drove her Lexus S.U.V. erratically after swallowing Zolpidem, a generic form of the sleep medication Ambien. She sideswiped a tractor-trailer on a highway in Westchester County before she was found, slumped over her steering wheel, her car stalled on a local road.
Ms. Kennedy has maintained that she took the pill accidentally, mistaking it for medication she took for a thyroid condition. She testified on Wednesday that she did not realize her mistake until well after the accident.
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