-Caveat Lector- from: http://www.apbonline.com/safestreets/1999/06/02/exceptions0602_01.html <A HREF="http://www.apbonline.com/safestreets/1999/06/02/exceptions0602_01.html"> MARIJUANA RULING ROCKS DUI DOCKET </A> ----- MARIJUANA RULING ROCKS DUI DOCKET Hundreds of Cases Threatened by Georgia Court Action June 2, 1999 By Hans H. Chen AP ATLANTA (APBNews.com) -- Hundreds of cases of driving under the influence of drugs may be tossed out because of a state Supreme Court ruling striking down a law designed to keep drivers high on marijuana off the streets. The court found the law unconstitutional because it had created different burdens of proof for recreational and medicinal users of marijuana. For users of medicinal marijuana, the police had to prove the person was driving dangerously to win a conviction. But for recreational users, the mere presence of the drug in a blood or urine sample had been enough for a conviction, even if the driver was operating safely. "This law made 'DUI drug' the easiest thing for them to prosecute. Now, it'll make it the hardest thing for them to prosecute," said David E. Clark, a lawyer from Lawrenceville who successfully argued the case. Arrests for secondhand smoke? Related Document: READ THE DECISION The court found that the state had a right to prosecute drivers high on marijuana. But because drivers high on medicinal marijuana are just as dangerous as drivers high on casual-use marijuana, the court found the state's exemption for medicinal marijuana users unconstitutionally arbitrary. Police can still arrest marijuana users of any sort for driving dangerously, but Clark said Monday's ruling eliminates a law that unfairly penalizes people with absolutely no driving impairments. Marijuana lingers in the blood and urine long after the effects of the drug have worn off. "One of the justices said he was frightened that you could inhale secondhand smoke and be arrested," Clark said. Public safety concerns In 1981, the Georgia Legislature passed a law setting up a state office to regulate the medicinal use of marijuana. The office never opened, but the law remained on the books. The ruling this week began with the arrest of Everette Bryan Love, a 21-year-old University of Georgia student who was stopped in May 1996 for speeding. After the police officer smelled marijuana smoke, he ordered a drug test for Love, which revealed marijuana in his blood and urine. The man who prosecuted Love said the court's ruling threatened public safety. "I would cautiously make the statement that it probably is going to affect the motoring public's safety, as well as those on the sidewalk too. Anybody within damn hitting distance of the road," said Gerald Blainey, the solicitor for Gwinnett County. Blainey said he plans to petition the court to reconsider its ruling, even though he did not expect it to change the decision. Hundreds of cases affected While the decision does not affect anyone already convicted under the law, pending DUI cases involving marijuana use may be affected. "There are hundreds of cases pending in Georgia right now that are going to be trash," Clark said. The state attorney general's office said the ruling applied only to DUI cases involving marijuana. "Our initial reading of this, and this is subject to further revision, is that it is not a sweeping case that is going to eliminate our DUI statues," said Daryl Robinson, the deputy counsel to Attorney General Thurbert E. Baker. But Blainey said he feared the ruling could be interpreted to apply to all drugs, not just marijuana. Because of that worry, Blainey said he will no longer try any cases in which a safe driver is arrested for a high blood-alcohol limit. "Say I drive up to road check, and I'm a .30 [blood-alcohol level], but there's no 'less safe' driving because all I do is drive up to the road check. And say I refuse to do any sobriety evaluations," Blainey said. "I'm of the opinion that case couldn't be prosecuted even though I was a .30." Hans H. Chen is an APBNews.com staff writer ([EMAIL PROTECTED]). Archive And Related Reading ©Copyright 1999 APB Multimedia Inc. All rights reserved. ----- Aloha, He'Ping, Om, Shalom, Salaam. Em Hotep, Peace Be, Omnia Bona Bonis, All My Relations. Adieu, Adios, Aloha. Amen. Roads End Kris DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance—not soapboxing! These are sordid matters and 'conspiracy theory', with its many half-truths, misdirections and outright frauds is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRL gives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credeence to Holocaust denial and nazi's need not apply. Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://home.ease.lsoft.com/archives/CTRL.html http:[EMAIL PROTECTED]/ ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om
