A car stopped in the Town of Wethersfield with no windshield, doors or a license plate and with an ax in the roof led to the arrest of the driver on charges of driving while impaired by drugs, the Wyoming County Sheriff’s Office said Tuesday.After receiving a report about a “suspicious vehicle” on Monday, deputies pulled over a car with many missing parts driven by Jared T. Price, 21, of Java, at the intersection of Younger and Wethersfield roads, the sheriff’s office said.”Price performed poorly on field sobriety testing and was taken into custody,” according to a sheriff’s office news release.Price was taken to the sheriff’s office for a drug influence evaluation and a certified Drug Recognition Expert found him to be “impaired by multiple different drug categories,” officials said.ADVERTISEMENTJared T. Price (Provided by Wyoming County Sheriff’s Office)He was charged with driving while ability impaired by drugs, driving while ability impaired by the combined influence of drugs and numerous traffic infractions, including operating a vehicle without insurance.Price was arraigned in the Town of Gainesville Court where bail was set in the amount of $10,000 cash bail or $20,000 bond. He is scheduled to appear Aug. 1 in the Town of Wethersfield Court.
A Trout Run woman driving this car admitted that she “used two bags of heroin” minutes before she crashed into a guardrail in the 7500 block of Route 15 in Lycoming Township about noon Thursday, according to Old Lycoming Township Police Chief Joseph Hope. The woman’s juvenile son, riding in the vehicle, escaped injury, Hope said. The woman was taken to a local hospital and later released. Her name will be released when charges are filed, Hope said. About 10 minutes before this crash, another woman suffered a suspected heroin overdose as she crashed her Honda Element into a parked van on Boyd Street, city police said. She too was taken to the hospital and released. Charges are pending against her as well, police said.
Troy police arrested a 25-year-old Royal Oak woman for operating a vehicle while under the influence of narcotics with her 10-month-old daughter in the back seat.Officers responded to the area of Livernois and Maple roads at about 5:45 p.m. Sunday, July 23, on a report of a gray 2002 Mercury Sable being driven erratically.Officers saw the car enter the Citgo gas station at 1654 Livernois and spoke with the woman. Police say the woman was unsteady on her feet and had slurred speech. She had the prescription drugs Xanax and Norco in her purse.Officers asked her to perform several field sobriety tests and reported that she performed poorly.She was arrested and taken to the Troy lock-up facility where she agreed to submit to a blood test.She was charged with child endangerment and operating a vehicle while under the influence of narcotics, pending laboratory results.
BILLINGS, Mont. (AP) — A Billings man charged with vehicular homicide while under the influence of marijuana is challenging the state standard at which a person is considered to be under the influence.
Public defender Gregory Paskell says the THC blood level set by the state is arbitrary, and he’s asking that the charge against Kent Roderick Jensen be dismissed.
Jensen, 20, is charged in the March 2016 death of motorcyclist Jashua Fry, The Billings Gazette (http://bit.ly/2uihlM3 ) reports. Court records say Jensen pulled out onto a road without seeing the motorcycle, causing the fatal crash.
Jensen’s blood contained 19 nanograms per milliliter of THC, the active ingredient in marijuana, court records said. State law says a person is under the influence with a blood level of 5 ng/mL of THC.
Paskell cited studies that have concluded it’s difficult to standardize the amount of THC that creates impairment because it varies from person to person.
“There is no science to back up the 5 ng/mL level as a level that indicates impairment in a sizable enough portion of users to make it a standard for everyone,” Paskell wrote.
Deputy Yellowstone County Attorney Victoria Callender said the Legislature, which makes policy decisions, set the legal limit based on research and that the case should move forward.
Montana is one of 18 states with marijuana-specific impaired driving laws, according to the Governors Highway Safety Association. A dozen states have zero tolerance for marijuana or its metabolites.
Colorado, Montana and Washington’s driving limits of 5 ng/mL are the highest among the six states that list legal limits. Colorado allows defendants to argue they were not impaired at that level, but Montana and Washington laws are similar to blood-alcohol limits, which drivers cannot challenge.
District Judge Gregory Todd heard arguments on June 2 and then received written briefs. He has not ruled in the case. Jensen’s trial is scheduled for late August.
A man accused of trafficking in carfentanil in Red Deer will have a preliminary hearing next February.Carfentanil was found in a mixture of drugs seized by Red Deer RCMP in March, making it the first known seizure of the deadly opioid in the Red Deer area.The drugs that tested positive for carfentanil, fentanyl and caffeine were seized during an investigation of two Red Deer residences.RCMP said that carfentanil is 100 times more toxic than fentanyl. Its only legal use is to sedate large animals.Police said fentanyl and carfentanil are inexpensive when compared to drugs such as cocaine and heroin, which is incentive for drug dealers to mix or substitute it in order to increase their profit margins.Kim Proctor, 38, has pleaded not guilty to three counts of possession for the purpose of trafficking, two counts of possession of a controlled substance, two counts of unauthorized possession of a firearm, two counts of possession of a weapon obtained by crime and possession of property obtained by crime.A preliminary hearing is held to determine if there is enough evidence to send a case to trial. It is often used to test the strength of a Crown prosecutor’s case. Proctor’s hearing is set for Feb. 9, 2018.
Depending on where you live, it’s known by many different abbreviations — DUI, DWI, OWI — but they are all short for driving (or operating a motor vehicle) while impaired or intoxicated.
Whatever the language, when most people hear these references, they probably first think of someone who has had too much alcohol to drink and then got behind the wheel.
For decades, police and highway safety officials and many other groups have gotten the word out about the dangers of drinking and driving.
Indeed, most people likely know that the legal limit for blood alcohol content while driving in Michigan (and most of the United States) is 0.08 percent. Likewise, they also probably have a pretty good idea about how much alcohol is in various drinks and the notion that the body generally can metabolize about one standard drink per hour.
Despite this, driving under the influence of alcohol remains a very common offense in the court system.
However, there is another section of the “driving under the influence” law that gets far less attention — driving under the influence of drugs. More specifically, in addition to alcohol, the law forbids driving under the influence of “controlled substance, or other intoxicating substance.”
Often when someone does think of “drugged driving,” he or she likely conjures up an image of a someone strung out on methamphetamine or heroin getting behind the wheel.
While that scenario does happen, local law enforcement officials say in recent years the more common scenario is people getting behind the wheel who are impaired by one or more prescription drugs.
In some cases, it could be someone with a long-standing prescription drug abuse problem, in other instances, it could be someone who was just recently prescribed some painkillers for a recent injury or surgery.
Understanding the law
While most people understand the 0.08 percent alcohol limit, there are other ways you can run afoul of the driving under the influence law:
First, even if your blood alcohol content is less than 0.08, you still could be charged with driving while intoxicated or visibly impaired. The police and, ultimately the prosecutor, would just need to show that you had consumed alcohol and that because of it, your “ability to operate a motor vehicle in a normal manner was substantially lessened,” or your “ability to operate the motor vehicle is visibly impaired.”
These more subjective tests are also what applies to driving under the influence of a controlled substance such as a prescription drug.
Although there is no “bright line” test for prescription controlled substances, there is for illegal drugs, or what’s known as “schedule 1” controlled substances.
For these drugs it is illegal to drive with any amount in your system. The list of schedule 1 controlled substances is very long, but generally, they are the illegal drugs that most people think of, such as heroin or methamphetamine.
For prescription drugs, such as some well known painkillers that contain oxycodone, and many more it’s not automatically illegal to drive after you’ve taken them, but also, just because you have a prescription for a drug, doesn’t mean you are OK to drive after taking it either, Emmet County Prosecuting Attorney James Linderman said.
And it’s not just painkillers that can be an issue.
Other drugs the U.S. Food and Drug Administration lists among drugs that could in cause problems with driving to include:
— Prescription drugs for anxiety
— Some antidepressants
— Products containing codeine
— Some cold remedies and allergy products
— Sleeping pills
— Some diet pills, “stay awake” drugs, and other medications with stimulants (e.g. caffeine, ephedrine, pseudoephedrine)
Linderman noted that combining these substances with each other, or with other substances such as alcohol or inhalants, can make it even more difficult to estimate the effects on a person’s ability to drive.
“It’s very subjective to begin with, and it varies widely from person to person,” Linderman said. “With an aging population and poly-substance abusers, it can become very difficult.”
Petoskey Department of Public Safety Director Matthew Breed said his officers are seeing more and more instances of people driving under the influence of prescription drugs.
In fact, he said just within the last week one of his public safety officers arrested a man on suspicion of driving under the influence of prescription drugs.
Breed said the incident involved dispatchers at 911 receiving multiple reports of a person driving very badly, who then went off the road twice and was involved in at least one crash. Breed said the man reported that he had taken two prescriptions, and that he was clearly under the influence of them.
He said one tool that has become available for officers is a new type of training that differs slightly from the standard field sobriety tests. The test is known as advanced roadside impaired driving enforcement.
“We’ve seen a significant uptick in the amount of people for are operating under the influence of prescription drugs,” Breed said. “It’s a more significant problem than people realize.”
Breed also said it can be very difficult for people — especially those who are new to taking a particular prescription — to know if its safe for them to drive.
So, what is the best advice for someone taking something that might affect their ability to drive?
First, Breed said, pay attention to warning labels that come on your prescriptions.
“If that label says it may affect your ability to drive or operate machinery, be careful,” he said. “Different people process those chemicals differently.”
Linderman also noted, “You better take the medications as prescribed, too.”
Breed added, “If you feel any type of effect after taking a medication, good judgement would dictate that you don’t drive.”
He noted that research shows that without any effects of drugs or alcohol, it typically takes a person about 3/4 of a second to perceive something while driving and another 3/4 of a second to take action.
He noted that in 1.5 seconds a vehicle traveling at 55 mph travels about 120 feet, and anything that adds to that response time could have tragic consequences.
Hendrix Caje Johnston was driving through Ranchos de Taos on Monday (July 3) when members of New Mexico State Police pulled him over for allegedly speeding and crossing traffic lines. He was initially only charged with DWI, but after a search warrant approved for the driver’s vehicle led to the alleged discovery of narcotics, multiple felony charges were added to Johnston’s rap sheet.
The suspect, whom police have identified as a Taos County resident, was stopped by a state police officer around 4 p.m. while traveling along State Road 68. According to a state police press release, Johnston, 25, “did not pull over immediately” and traveled a short distance before stopping at the side of the road. The release, however, did not specify whether Johnston was confused as to whether his was the vehicle the officer intended to pull over or whether he was in an unsafe area to comply when given the command.
When the officer approached the vehicle, he stated that he could smell a “strong odor” of marijuana that seemed to be coming from within the suspect’s vehicle. Johnston’s eyes were allegedly “red” and he appeared “sluggish,” according to the arresting officer. The suspect admitted to having consumed marijuana, but said that he did so only the day before. He also allegedly admitted to having marijuana inside the vehicle.
He then agreed to take a sobriety test, leading the officer to determine that “Mr. Johnston appeared to be impaired and unable to safely operate the vehicle.” He was immedietely arrested for DWI.
Upon further inspection, the officer said they could see drug paraphernalia in the console of the suspect’s vehicle, which was then towed to the New Mexico State Police office in Taos. A request for a search warrant was approved, leading officers to allegedly discover “containers and bags consistent with the trafficking of narcotics, as well as scales, devices commonly used for the production of narcotics, and other drug paraphernalia.” Police also claimed to have located heroin and methamphetamine, leading to additional drug possession charges – both felonies.
Public Information Officer Elizabeth Armijo stated that officers had performed initial field tests on the suspected narcotics with drug testing kits, “thus giving [probable] cause for those charges,” she said. The drugs, however, have not been submitted to the State Crime Lab for “further, specific testing,” she said.
While the initial tests may have provided probable cause to levy the charges, a failure to send drugs to the lab in a “timely manner” may lead to charges being dismissed. Such was the result in one of Johnston prior cases from 2016. Just this year, the fourth-degree felony drug possession charge stemming from the case was dropped “on the grounds that the drugs in this matter were not sent to the State Crime Lab in a timely fashion,” according to court records. The decision on the matter came less than one month ago: June 14. Prior to the charge, Johnston’s record included only relatively minor traffic violations, according to New Mexico court records.
In many states, cannabis DUI laws are treated like alcohol DUI laws.But a cannabis DUI and an alcohol DUI should be treated differently for many reasons. One example of their difference is how THC and alcohol levels are metabolized. THC stays in the body for weeks after consuming while alcohol is purged in several hours. Yet the highs last about the same amount of time.Getting pulled over weeks after smoking results in drivers getting charged with a DUI. That’s because it’s difficult for cops to determine how recently a driver smoked a bowl. Traditional sobriety tests don’t correspond to cannabis effects either. For example, a stoned driver can stand on one leg while a drunk driver cannot.Scott Leist was a Seattle police officer, and a defense attorney for the Washington Traffic Defense. Leist agrees that Washington’s Cannabis DUI laws are a problem. In Washington, there is a .08 limit for alcohol and THC, but THC is nothing like alcohol.Leist said, “some studies suggest that driving with moderate levels of THC in one’s system can actually improve driving performance.” There is simply no good science about what determines impaired driving with weed and what doesn’t.THC doesn’t metabolize quickly and completely like alcohol.Leist found that alcohol can metabolize quickly, meaning that it is easy to test when the last time alcohol was consumed. Marijuana is different because a person can consume weed and be impaired for a few hours. But THC stays in the system long after the consumption and high phase.How quickly and completely THC metabolizes depends on a few factors. Namely; how it was consumed and when, how often the person consumes, and the potency of the substance. Small amounts of THC can be found days or even weeks after consumption. At the other end, a heavy consumer can test over the 5ng/mL limit long after they are sober.Alcohol has more exact prediction than weed. What is the marijuana equivalent of two beers? How much THC at what age and weight will get a person to 5ng/mL levels? How fast does THC wear off for each person? Nobody knows the answers to these questions because cannabis research is hampered by federal scheduling. Alcohol has no scheduling restrictions to prevent accurate studies so much more research is available.There are no accurate field sobriety tests for THC intoxication.Police Officers don’t have a lot of experience or training for marijuana DUI detection’s. Smell alone is not a good clue for recent intoxication. Physical signs like red eyes is not enough to prove that a person is THC impaired.There are a variety of reasons a driver might experience the ‘signs of THC intoxication’. A person crying or struggling with allergies causes red eyes. Fatigue can also reproduce the short-term memory issues associated with weed.The best method cops have available is a warrant granted blood test. But blood tests don’t reveal when the last time the driver consumed weed. Unlike alcohol, there is no way to check if a person has had too much THC. There is no breathalyzer that would reveal THC impairment. A person can’t give themselves a field sobriety test like the alcohol tests.Abby McLean drove sober and received a DUI.Northglen, Colorado resident Abby McLean went through a DUI roadside checkpoint on her way home. She is 30, had nothing to drink or smoke that night and had no worries. When the cop walked up to her car he saw that she had blood shot eyes and smelled weed in the car.The cop pulled out his handcuffs to arrests McLean when she exclaimed that she was on her way home to her children. McLean was forced to take a blood test which tested positive for THC intoxication. Her blood test was 5 times over the legal limit. She didn’t go to jail that night but she did go to court. It was a hung jury, but McLean settled for a lesser punishment.Mark Kleiman is a professor of public policy at New York University. Kleiman said, “you can be positive for THC a week after the last time you used cannabis. Not subjectively impaired at all, not impaired at all by any objective measure, but still positive.”It didn’t matter that McLean hadn’t smoked at all that night. If she smoked a week ago, she still got a cannabis DUI. Denver, Colorado’s District Attorney Mitch Morrissey says that Colorado won’t completely throw out the THC blood test. He then explained how it gives courts an extra piece of evidence during trials.How to travel with cannabis in the car.Scientists at UCSD are researching a new generation of cannabis field sobriety tests. One of these tests is called critical tracking. A person moves their finger around a square on a tablet to measure time distortion, because time can slow down when a person is high.
Juan Eduardo Garcia was booked in the Hidalgo County jail on the afternoon of July 4 on one count of driving while intoxicated and one count of possession of a controlled substance.
He was released later that day on a $7,500 personal recognizance bond, jail records state.
Garcia was stopped by Edinburg Police around 8:50 p.m. Monday at the intersection of Jackson and Trenton Roads.
During the traffic stop Garcia admitted he made a mistake running the red light and had one beer earlier in the day, according to the criminal complaint.
The officer noted that Garcia showed signs of intoxication such as “red blood watery eyes, slurred speech and a strong odor of alcohol.”
Garcia refused to submit to a blood-alcohol level test.
The officer also discovered what appeared to be a white powdery substance on a dollar bill inside his wallet, an allegation Garcia denies.
“I don’t believe they have any substance,” Garcia said in a telephone interview Thursday. “The prescription will hold up.”
The 41-year-old attorney did not elaborate on what the prescription was, however, the substance, which weighed 1 gram, later tested for cocaine, the complaint states.
Garcia has been a licensed lawyer in Texas since 2005 and specializes in criminal defense.
“I’m a little bit disappointed on this whole issue,” he said.
If convicted of the most serious charge, possession of a controlled substance, Garcia faces between two to 10 years in prison.