Appeal Filed Against Arizona Marijuana DUI Ruling

 by lucy

On February 12th, the Arizona Court of Appeals overturned a trial judge who said that it does not make sense to prosecute marijuana DUIs if the person is showing no evidence that they are under the influence.

Now the Arizona Supreme Court is being asked to review the lower court’s ruling that marijuana smokers can be prosecuted for driving under the influence even when there is no indication that they are actually high or impaired.

The original case was a motorist who’s blood test revealed a chemical compound that is found in the blood after another compound produced from ingesting marijuana breaks down.  The motorist showed no signs of being impaired, but was still charged with a DUI for having THC traces in their system.

Because THC, or traces of THC, can remain in a person’s blood stream for so long, many argue that blood testing for marijuana DUIs is not an accurate way to tell whether someone was driving while too impaired to do so.

The Arizona Supreme Court will review several legal briefs and decide whether they will hear the case.

 

[Source]

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5 Responses so far | Have Your Say!

  1. 0

    HumCoast said on Mar 30, 2013

    This is exactly what I have been thinking, that if they just go by a blood test than daily users are going to always show something, and that's not fair if they aren't impaired.

  2. 0

    PurpDabs said on Mar 30, 2013

    they're*

  3. 1

    spkavyo said on Mar 30, 2013

    What ever happened to Field Sobriety Tests? THC metabolites stay in the blood a loooong time if you are a regular user. If you're too fucked up to get it together for a cop, you're too stoned to drive.

  4. 0

    Globalinfo said on Apr 1, 2013

    The police don't like marijuana because most of its users are total lowlifes. I have spoken with friends who are policemen about this, and one of their biggest reasons for being strict on these laws is that most stoners are losers and they can barely afford to take care of themselves. The one's who do take care of themselves usually do it through selling the drug itself to other users. If cops thought that most of us were upstanding people they would not be so harsh when it comes to enforcing this law.

    He's obviously innocent. But the real question is why are they allowed to take your blood? That is Un-Constittional. This sounds like the classic selective prosecution British Zionist system for you. What a mess.

  5. 1

    NaegleLaw said on Sep 18, 2013

    I completely agree that blood testing for marajuana is absurd. There has to be a better alternative. Otherwise kiss driving at all goodbye. Check out more information on Arizona Marijuana laws here. http://naeglelawfirm.com/practice-areas/drug-alchohol-offenses/arizona-medical-marijuana/arizona-medical-marijuana-faq/

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