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As I've noted in the past, driving under the influence of marijuana ("stoned driving") is becoming increasingly common — and difficult to determine what levels cause impairment and for how long.  See, for example, Identifying and Proving DUI Marijuana.  In fact, some governmental studies indicate that marijuana has little if any effect on the ability to safely operate a vehicle.  See DUI Marijuana: Does Marijuana Impair Driving?  

Faced with the difficulties of proving that a driver was actually impaired, states are turning to the simple — but unjust — expedient of ignoring whether the driver was actually impaired and simply making it a crime to have the chemical compounds of marijuana in his body.  See, for example, Driving + Trace of Mariijuana = DUI. This is roughly the equivalent of changing the existing DUI laws to criminalize driving with any detectable amount alcohol in your system —  even if you are stone sober.  

Notice the changing focus of the DUI laws (alcohol, drugs and marijuana) away from the original goal of public safety.  The focus is shifting from the original question, "Was the driver impaired by alcohol and/or drugs so that his ability to safely operate a vehicle was impaired — and thus a potential danger to the public?" to "What is the easiest way to accuse and convict?"

A news story a couple of days ago presents a clear example of this…
 

Arizona Court Ruling Upholds DUI Test for Marijuana

Phoenix, AZ.  Feb 13 — An appeals court has issued a ruling that upholds the right of authorities to prosecute pot smokers in Arizona for driving under the influence even when there is no evidence that they are actually high.

The ruling by the Court of Appeals focuses on the chemical compounds in marijuana that show up in blood and urine tests after people smoke pot. One chemical compound causes drivers to be impaired; another is a chemical that stays in people's systems for weeks after they've smoked marijuana but doesn't affect impairment.

The court ruled that both compounds apply to Arizona law, meaning a driver doesn't have to actually be impaired to get prosecuted for DUI. As long as there is evidence of marijuana in their system, they can get a DUI, the court said.

The ruling overturns a decision by a lower court judge who said it didn't make sense to prosecute a person with no evidence they're under the influence…

The Court of Appeals said the Legislature adopted the decades-old comprehensive DUI law to protect public safety, so a provision on prohibited substances and their resulting chemical compounds should be interpreted broadly to include inactive compounds as well as active ones.

The case stems from a 2010 traffic stop in Maricopa County. The motorist's blood test revealed only a chemical compound that is found in the blood after another compound produced from ingesting marijuana breaks down.

According to testimony by a prosecution criminalist, the compound found in the man's blood doesn't impair the ability to drive but can remain detectable for four weeks…

So in Arizona you can be arrested for DUI if blood tests indicate you've smoked marijuana — possibly before driving…..And even if the chemical compounds are inactive — that is, have no effect whatever!

The insanity goes on…. 

(Thanks to Joe.)
 

DUI BLOG

In many cases, Hollywood traffic accidents are preventable. In some cases, a driver who has caused a car collision has a medical issue or a series of fender benders and other accidents that friends and family know about. If there is someone in your life that you feel is a problem driver and is at risk of causing a Hollywood truck accident or car accident, there are several things you can do:

1) Talk to the driver in a non-accusatory fashion. In many cases, motorists are defensive about their ability to drive and fearful that their independence will disappear if they can no longer drive. In these cases, it is important to listen to the driver and to show concern.

2) Find out the specific reason for a driver’s problems with driving. If it is a health condition or simply poor driving habits, there may be some way to help. A driver may be able to avoid a Hollywood car accident by speaking with their doctor about treatment or difference medications, for example. If poor habits are to blame, remedial driving lessons can be a big help.

3) Learn about transportation options and share them with the driver. A driver may be more willing to use other transportation options if they are convenient and affordable. Learning about the options can help a driver make a safer decision about their driving.

4) Don’t assume that elderly drivers are automatically unsafe. Driving ability has more to do with skills, choices, and health than with age. While the elderly are more susceptible to certain conditions which can affect driving ability, drivers of any age can make poor choices or develop health concerns that can make them a hazard on the road.

5) Learn about resources that can help. Florida’s Silver Alert system can send out if a driver goes missing. The Safe Mobility for Life program at the Florida Department of Transportation offers tips and information.

6) Speak to a doctor or have the problem driver speak to their doctor about their driving ability. If a health concern is the cause, proper treatment can go a long way towards reducing the risk. A doctor can also help a patient understand how their health can affect driving ability.

7) Get re-testing or one-on-one refresher courses with an experienced driving instructor. Re-testing and one-on-one sessions with driving instructors can help pinpoint and address problems. In some cases, additional training or even accessibility features in a car can help a motorist who is at risk drive safer.

Florida Car Accident Lawyer Blog

According to a new research study led by Joanne Brady of Columbia University, more than half of drivers in the US involved in fatal car collisions had drugs or alcohol in their system at the time of their accidents. According to Brady and her researchers, men and those driving at night were the most likely to have controlled substances in their system.

The study, which appeared in the journal Addiction, was based on data from the National Highway Traffic Safety Administration. Researchers looking over the data found that between 2005 and 2008, 20 150 drivers were fatally injured in car accidents in fourteen states. Of these, 57 percent tested positive for alcohol of drugs. About 20 percent had multiple drugs or controlled substances in their system. The most common controlled substance found in these drivers was alcohol, but marijuana, amphetamines, and other stimulants were also found in some drivers.

According to researchers, men were more likely than women to be driving with drugs or alcohol in their system. Less than half of women fatally killed in car accidents had controlled substances in their system at the time of their traffic accident, compared to sixty percent of men. The records did not show how much of a drug drivers had in their system, so according to researchers it is impossible to tell how impaired by drugs the drivers were, and whether any prescription drugs found in drivers were being taken correctly.

In Florida, since the 1980s, groups such as MADD and law enforcement agencies have launched enforcement and education initiatives aimed at reducing the number of Miami drunk driving accidents on the roads. Drivers are well aware of the risks of drugs and alcohol in increasing the risk of a Miami car accident. Nevertheless, as the newest study suggests, many drivers are still making poor choices when it comes to controlled substances and driving.

More can be done to prevent Miami traffic accidents caused by substance abuse. While Brady and her research team did not make specific recommendations based on the findings, the study itself does suggest a number of possibilities. For example, since impaired driving collisions seem more likely at night, perhaps more can be done to provide low-cost and accessible transportation options for drivers in the evenings and at night. In addition, since men are more likely than women to drive impaired, perhaps education and prevention campaigns aimed at reducing Miami truck accidents and car accidents can be tailored at men.

Florida Car Accident Lawyer Blog

In the 1980s, campaigns and initiatives were launched by MADD and other organizations to crack down on drunk driving and to educate the public about the dangers of driving inebriated. Legislators passed laws to make penalties harsher for those who decided to drive after drinking. Despite all the efforts, however, there are still thousands of Miami drunk driving accidents occurring because drivers make poor choices after drinking. Each day, police pull over drunk drivers and attend tragic car accident scenes caused by inebriated drivers.

According to the Department of Motor Vehicles, there were more than 2000 drunk driving convictions in Miami-Dade County in 2010. There were 1588 car accidents caused by drunk driving in the county that same year. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), these accidents resulted in 1034 injuries and 43 fatalities.
The results of a Miami car accident caused by a drunk driver are devastating. In cases where a serious injury or fatality has occurred, it can cost a family hundreds of thousands or even millions of dollars to take care of lost income, medical costs, long term care, and other expenses. It can be especially galling for a family to learn that their pain and suffering was preventable and caused by someone’s poor choices.

After a Miami traffic accident caused by drunk driving, families do have options. Depending on the details of the accident, the family may be able to pursue action against the driver and other parties. In a DUI case, the drunk driver is presumed negligent. In some cases, claims can be filed against those who provided the alcohol and anyone who permitted the driver to drive inebriated.

A family who has suffered due to a drunk driver can pursue claims for pain and suffering, injuries, medical costs, lost income, lost earning capacity in the future, and property damage. To prove these damages in court, the family will usually need to work with an experienced Miami personal injury attorney. A good attorney can investigate the cause of the accident, find all liable parties, find evidence of negligence, accurate evaluate the cost of damages, and pursue justice in the case. In most cases, an attorney will work with medical experts and will gather medical records, doctor’s bills, prognosis details, body shop receipts, police records, and other records that can help prove the case. He or she will take care of all the details so that you can focus on healing and rebuilding your life after the accident.

Florida Car Accident Lawyer Blog