levels including marijuana. Others are developing a thermo finger test for a variety of drugs that does not quantify. In Colorado a company has received a grant from the Colorado Department of Transportation to develop a breathalyzer to also quantify marijuana levels. Whether these set levels will stand up in court as impairment per se remains to be seen as will be the devices that test for it. Are zero tolerance laws a better
approach? A recent study examined the relationship between zero tolerance drugged driving laws and traffic fatalities and determined that “we cannot rule out the possibility that, as currently implemented, per se [zero tolerance laws in this context] laws reduce traffic fatalities.” Maybe the old-fashioned observance laws are the least complicated of the three types of marijuana impairment laws and maybe one day the country will unify as it has recently done for alcohol BAC. Alternative statutory structures for
separate citations for alcohol, drugs and may be found in the following statutes: 1. Code of Alabama 32-5A-191 2. California Vehicle Code 23152– 23229.1
3. Delaware Code 21-4177 4. Code of Georgia 40-6-391 5. Kansas Statutes 8-1567 6. Kentucky Statutes 189A.010 7. Louisiana Statutes 14-98 8. Montana Code 61-8-401 9. Nevada Statutes43-484.379 10. Pennsylvania Consolidated Statutes 75-3802
11. Code of South Carolina 56-5-2930 12.West Virginia Code 17C-5-2 13. Other states including AZ, HI, IN, MD, MN, MS, NM, NY, ND, OK, VT, WV and WY have separate violations two of the three categories, usually for alcohol and for drugs, but not for combinations of alcohol and drugs. ❚
www.datia.org
References
http://www.stopdruggeddriving.org/ddp.html Code of Virginia Section 18.2-266.a-d
http://www.thetruthaboutforensicscience.com/united- kingdom-moves-duid-per-se-enforcement/
http://www.nhtsa.gov/people/injury/research/job185drugs/ cannabis.htm
https://www.whitehouse.gov/sites/default/files/ondcp/issues- content/drugged-driving/nida_dd_paper.pdf
http://www.thedenverchannel.com/news/local-news/lifeloc- technologies-in-wheat-ridge-gets-250000-grant-to-make- breathalyzer-to-detect-thc-levels
http://www.dmarkanderson.com/Per_Se_Laws_and_Traffic_ Fatalities_01_16_15_v3.pdf
Judge Mary A. Celeste sat on the Denver County Court bench where she was the Presiding Judge 2009 and 2010; the first woman to hold that position
and was the co-founder of the Denver County Court Sobriety Court. She is the current education co-chair for the IALGT Judges; chair-elect for the ABA National Conference of Specialized Courts and Faculty for the National Center for DWI Courts (NCDC). She has recently chaired the Criminal Justice Group for the Colorado Task Force for Drunk and Impaired Driving and served as the NHTSA Judicial Outreach Liaison for Region 8. She sat on the Colorado Advisory Committee for the United States Civil Rights Commission and served as the President of the of the American Judge’s Association, the Colorado Women’s Bar Association Foundation and as Adjunct Professor at the D.U. Sturm College of Law. She has also served as a board member of the Colorado Bar Association’s Board of Governors, the Denver Bar Association’s Conciliation Panel and the Colorado Women’s Bar Association Board of Governors. She has written many articles and is a national speaker and expert on the topic of marijuana and alcohol impaired and drugged driving.
datia focus 55
Maybe the old-fashioned observance laws are the least complicated of the three types of marijuana impairment laws and maybe one day the country will unify as it has recently done for alcohol BAC.
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64