Nevada bill would require more than blood test to prove marijuana DUIPosted by On


Vigil for Levi Echenique

Ricardo Torres-Cortez

A photo of 8-year-old Levi Echenique is displayed during a candlelight vigil at Paradise Park, 4775 McLeod Dr., Sunday, Sept. 9, 2018. Echenique was killed by a suspected impaired driver in a traffic accident on Aug. 31 at at Eastern and Harmon avenues.

A frequent recreational marijuana user is pulled over in Nevada by a law enforcement officer who suspects they’re driving impaired.

Blood is drawn and marijuana pops up in their system, even though they’re not under the influence of the drug. They haven’t consumed it in days — even weeks.

Under current state law, the blood test itself is enough to get the driver convicted of DUI.

Nevada Assembly Bill 400, presented Monday before the Committee on Judiciary, aims to change that.

“You’re not able to make any argument that you were not impaired due to a built-up tolerance or a history of heavy usage, even if for medical purposes,” said Committee Chair Assemblyman Steve Yaeger, D-Las Vegas, who introduced the legislation. “Simply stated, if you were above those levels, you are going to be guilty of DUI.”

The legislation wouldn’t outlaw the use of blood tests in court, but it would require prosecutors to further prove impairment through other means, such as driving behavior and field sobriety tests, Yaeger said.

“Nothing in this bill would prevent prosecutors from charging and securing convictions against…

Original Author Link click here to read complete story..

Vigil for Levi Echenique

Ricardo Torres-Cortez

A photo of 8-year-old Levi Echenique is displayed during a candlelight vigil at Paradise Park, 4775 McLeod Dr., Sunday, Sept. 9, 2018. Echenique was killed by a suspected impaired driver in a traffic accident on Aug. 31 at at Eastern and Harmon avenues.

A frequent recreational marijuana user is pulled over in Nevada by a law enforcement officer who suspects they’re driving impaired.

Blood is drawn and marijuana pops up in their system, even though they’re not under the influence of the drug. They haven’t consumed it in days — even weeks.

Under current state law, the blood test itself is enough to get the driver convicted of DUI.

Nevada Assembly Bill 400, presented Monday before the Committee on Judiciary, aims to change that.

“You’re not able to make any argument that you were not impaired due to a built-up tolerance or a history of heavy usage, even if for medical purposes,” said Committee Chair Assemblyman Steve Yaeger, D-Las Vegas, who introduced the legislation. “Simply stated, if you were above those levels, you are going to be guilty of DUI.”

The legislation wouldn’t outlaw the use of blood tests in court, but it would require prosecutors to further prove impairment through other means, such as driving behavior and field sobriety tests, Yaeger said.

“Nothing in this bill would prevent prosecutors from charging and securing convictions against…



Source link

News

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.