How do they test for this?
My friend with a green card plays strategy and shooting video-games all the time while using his "medication"....and does rather well.
It doesn't seem to impair his motor function at all.
"crime" is big business, doesn't matter marijuana is legal, people still need to go to jail, court system, cops, DEA, prison guards, private companies, you can't affect their lifestyle by legalizing something, those people have careers and big easy $ to protect.
Basically nothing will change, people will still be arrested for possession because many will use it in public or have more then the quantity allowed, the State will tax the product so there will still be an black market which of course the Gov. will have to fight, "driving under the influence" will also generate profits for the leeches, so nothing will really change...
He was driving along, minding his own business, when a pedestrian who did not use two close-by crosswalks, stepped out in front of his car in the dark. The driver could have been 100% sober and the pedestrian would still very likely have been hit.
I would assume it's a basic sobriety test. Or a smell test in some people's cases.
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A sobriety test wouldn't demonstrate anything. I have no idea how you are going to do a smell test.
Cops know the smell of Marijuana. If you smell pot emanating from a car that's probable cause for a search and for a sobriety test. If you fail a sobriety test then you can be given a DUI and given a drug test. What's the problem?
Did he flunk a field sobriety test?
To the best of my knowledge, and I have done some research, there is NO WAY to test for "current" impairment by marijuana use. The tests used to screen for marijuana use actually detect metabolites, which have NO direct correlation to impairment, Indeed, metabolites stay present in the system for several weeks after marijuana use.
There is no way the drug test can prove "This person IS under the influence" they can only prove "This person HAS BEEN under the influence SOME TIME in the past several WEEKS.
Hope this guy can afford a good attorney, this needs fought all the way to the Supreme Court.
EDIT: I replied before watching, now I see this guy confessed. He is toast. We have our poster boy for "Marijuana Kills" now.
Love or fear? Chose again with every breath.
However, failure of a sobriety test and detection of Marijuana in ones blood stream does show usage and in current law does warrant a DUI.