Well-known California DUI lawyer Lawrence Taylor is now challenging whether DUI can be applied to marijuana usage.
Taylor is questioning whether marijuana impairs a person's ability to drive to the degree alcohol does. While there have been various tests regarding alcohol-impairment in driving, there are relatively few to support the same is true of cannabis.
The California Department of Justice has produced studies showing marijuana impairs the motor abilities that are needed for driving. This mostly occurs at high doses or among young, inexperienced drivers. Taylor is citing federal studies that contradict these findings.
One such study performed by the U.S. Department of Transportation researched the topic using a simulator to compare the affects of alcohol and marijuana, both separate and when combined. Alcohol created impairment across the board, while marijuana only occasionally impaired drivers.
Another study cited claims that cannabis, or THC, is not "profoundly impairing." Some information processing skills are impaired, but not to the ability that a person cannot control driving, according to the study.
A further issue over marijuana DUI laws is the fact that the drug is metabolized quickly but can stay in the body for hours or days. Traces of THC will remain in the body for weeks. Measuring these levels in blood tests may point to chemicals that have been in the body for days.
It would be difficult to prove a person was significantly impaired by marijuana at the time of an arrest for these reasons. First, marijuana only occasionally creates significant impairment, according to federal studies. Second, testing for marijuana use cannot pinpoint if and when the person was actually affected by the drug, only that it is in his or her system.
Laws in California are further complicated by the legal use of medicinal marijuana. Not every person who is found with marijuana in his or her system has even committed a crime. Some may have prescriptions for use of the drug, making the crime in effect no different than driving after taking anti-anxiety or anti-depressant medication.
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Monday, September 28, 2009
Monday, June 22, 2009
Arizona DUI Fines & Sentencing
When faced with an Arizona DUI arrest and/or conviction, there are several issues to think about: Will you have to serve jail time? If so, for how long? Or is probation a possibility? What will you owe in fines? Will your license be suspended, and for how long? Will you have to go to a DUI school or do community service? Here are the basic laws regarding Arizona DUI fines and sentencing.
First Arizona DUI Offense:
Criminal Status: Class 1 misdemeanor. Aggravated DUI elevates criminal status to a felony. An aggravated DUI is a DUI (impaired, per se or extreme) that is committed: (1) on a suspended, revoked or canceled license; (2) a third DUI offense in 5 years; or (3) while a person under 15 is in the vehicle.
Jail: DUI: 1-10 days. Extreme DUI: 10-30 days. Aggravated DUI: Terms in prison vary depending on violation.
Arizona DUI Fines/Costs: Minimum $250 (plus $500 for the prison construction fund and $500 for the state general fund).
-Extreme DUI: Least $250 (plus $250 DUI assessment, $1,000 for the prison construction fund, and another $1000 for the state general fund)
-Aggravated DUI: Minimum $750 (plus $250 DUI assessment and $1,500 for the prison construction fund and $1,500 for the state general fund).
Jail costs: An 80% surcharge on the base fine is levied on each DUI offense.
Arizona License Suspension: DUI: 90 days. Extreme DUI: 1 year. If aggravated DUI, license revoked for 3 years.
Arizona Probation: DUI: Up to 5 years (informal, may not be supervised). Aggravated DUI: 10 years.
Vehicle Impound: Yes, for extreme DUI and aggravated DUI.
Source
First Arizona DUI Offense:
Criminal Status: Class 1 misdemeanor. Aggravated DUI elevates criminal status to a felony. An aggravated DUI is a DUI (impaired, per se or extreme) that is committed: (1) on a suspended, revoked or canceled license; (2) a third DUI offense in 5 years; or (3) while a person under 15 is in the vehicle.
Jail: DUI: 1-10 days. Extreme DUI: 10-30 days. Aggravated DUI: Terms in prison vary depending on violation.
Arizona DUI Fines/Costs: Minimum $250 (plus $500 for the prison construction fund and $500 for the state general fund).
-Extreme DUI: Least $250 (plus $250 DUI assessment, $1,000 for the prison construction fund, and another $1000 for the state general fund)
-Aggravated DUI: Minimum $750 (plus $250 DUI assessment and $1,500 for the prison construction fund and $1,500 for the state general fund).
Jail costs: An 80% surcharge on the base fine is levied on each DUI offense.
Arizona License Suspension: DUI: 90 days. Extreme DUI: 1 year. If aggravated DUI, license revoked for 3 years.
Arizona Probation: DUI: Up to 5 years (informal, may not be supervised). Aggravated DUI: 10 years.
Vehicle Impound: Yes, for extreme DUI and aggravated DUI.
Source
Monday, June 8, 2009
Man suspected of DUI hits two vehicles
A man suspected of driving drunk was involved in a hit-and-run accident last Saturday morning.
Around 7:52 a.m. May 30, Fermin Cano, 23, a resident of Phoenix, was driving his vehicle on the Loop 101 northbound off-ramp exiting to West Camelback Road, when he hit a tractor trailer.
He continued to 75th Avenue and Camelback, where he struck a truck stopped at a red light.
Canos was injured in the second accident and transported to the hospital for treatment.
Glendale Police spokesperson Officer Karen Gerardo said Cano has not been booked.
“Charges are pending-(blood draw),” she said.
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