Getting Arrested For Driving Intoxicated

[KucamungaRED]

I had a question about the law in this area. I know that patients were getting harassed in some countys. They would find out if the person was a patient and then they would give them a marijuana test, which of course will come back positive. Then they would give you a DUI. I was told that a law passed that would make that type of harassment illegal. Is that true?

[jinx]

This is false. The Mich Sup Court announced about a month ago that the breakdown product of THC is an inert metabolite which can no longer be used to convict you on a DUI. I will find the source for you later if no one else does.

jinx

[KathywithaK]

I had a question about the law in this area. I know that patients were getting harassed in some countys. They would find out if the person was a patient and then they would give them a marijuana test, which of course will come back positive. Then they would give you a DUI. I was told that a law passed that would make that type of harassment illegal. Is that true?

ive heard the same thing is happening giving out duid and being able to get phone warrants to take blood. crazy isnt it? yes there was a recent supreme court ruling against this but still happening as usual leo doesnt know the new laws so they just kinda make up there own as they go this really needs to stop alot of educating to do out there

[Nemosity]

I've heard that the LEO can only give you one test, is that true? If so, seems if you had the smell of alcohol in your vehicle, but you hadn't been drinking, the logical question from LEO would be, "Have you been drinking?" Well, if your human, you drink to survive, water, soda whatever. So you tell them, "Yes." They give you a breath test, comes back clean because you haven't been drinking alcohol, and that's the only test they can give you. However, this may be failed logic because I don't know for sure if what I have been told is legit, the one test thing. Anyone else know for sure?

[freemannabis]

This thread reminds me of this rather frightening legislation:

 

HB 5961 of 2010 House Bill Criminal procedure; evidence; reasonable cause to arrest a drunk driver to be provided by identified or anonymous tipster; allow. Amends sec. 625a of 1949 PA 300 (MCL 257.625a).

 

Last Action: 03/18/2010 - printed bill filed 03/18/2010

 

These just may be the scariest parts:

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

Sec. 625a. (1) A peace officer may arrest a person ... without a warrant... under either of the following circumstances:

 

(a) The peace officer has ... reasonable cause to believe ... the person was, at the time of an accident in this state, the operator of a vehicle . . ."

 

And:

 

(10) AS USED IN THIS SECTION, "REASONABLE CAUSE TO BELIEVE" OR REASONABLE GROUNDS TO BELIEVE" MAY BE PROVIDED BY A PEACE OFFICER'S OBSERVATION OR THE OBSERVATION OF ANOTHER PERSON, WHETHER IDENTIFIED OR ANONYMOUS, WHO RELAYS INFORMATION OBTAINED THROUGH OBSERVATION TO A PEACE OFFICER OR LAW ENFORCEMENT AGENCY.

 

Actually, it's ALL pretty SCARY, to me!

 

And, you'll be sure to agree; Especially once you've had the frightening time of checking out the horrifying (PRE-TRIAL / WITHOUT DUE-PROCESS PUNISHMENTS just for refusing to "play the game" of control freaks.

 

(so ... that's where all of those anal retentive playground bullies went to!)

 

And, speaking of slave-minded legislation-for-profit; check out all of the BOLD type in this slave-minded legislation:

 

http://legislature.mi.gov/doc.aspx?2009-HB-5652

 

AN INDIVIDUAL DESCRIBED IN SUBSECTION (1) MAY APPLY TO THE SECRETARY OF STATE TO WORK AT A NONPROFIT CORPORATION IN LIEU OF PAYING HIS OR HER DRIVER RESPONSIBILITY FEE. THE APPLICATION SHALL BE ON A FORM AS PRESCRIBED BY THE SECRETARY OF STATE. THE SECRETARY OF STATE SHALL GRANT THE INDIVIDUAL'S REQUEST UNDER THIS SUBSECTION UNLESS THE INDIVIDUAL HAS PREVIOUSLY FAILED TO COMPLETE A PROGRAM OF WORK AS DESCRIBED IN THIS SECTION. THE TERM OF A PROGRAM OF WORK SHALL BE 12 MONTHS FOR EACH $250.00 OWED, BUT NOT MORE THAN 24 MONTHS.

 

******

 

Whoah! That's a little, umm ... HARSH!

 

Good thing we have this, eh?:

 

(e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act.

 

History: 2008, Initiated Law 1, Eff. Dec. 4, 2008

Compiler's Notes: MCL 333.26430 of Initiated Law 1 of 2008 provides:10. Severability.Sec. 10. Any section of this act being held invalid as to any person or circumstances shall not affect the application of any other section of this act that can be given full effect without the invalid section or application.

 

And, this:

 

http://courts.michigan.gov/supremecourt/Clerk/10-09/138031/138031-Opinion.pdf

 

As [is usually] disproportionately relayed to the [unsuspecting] public by the Mass Media, such is portrayed here:

 

http://www.detnews.com/article/20100729/METRO/7290387

 

 

FREE The CURE!

[YourHighness]

ive heard the same thing is happening giving out duid and being able to get phone warrants to take blood. crazy isnt it? yes there was a recent supreme court ruling against this but still happening as usual leo doesnt know the new laws so they just kinda make up there own as they go this really needs to stop alot of educating to do out there

 

 

Actually people are misinformed.

 

The recent supreme court ruling basically makes it okay to drive with metabolites in your system. In other words the zero tolerance doesn't apply to patients.

 

HOWEVER, it still is illegal to drive UNDER the INFLUENCE of marijuana. Big difference.

 

People need to understand this before they put themselves in a bad position.

 

The biggest problem is that a blood test will show active thc in your blood for something like up to 3 days. So if you stray into the other lane and the cops stop you and see you are a patient then they will probably use that straying to get the blood test.

 

This will probably be the next fight that goes to the supreme court and probably a thc blood level will eventually have to be set similar to what they do with drunk driving and the .08

[MaryJ]

heres the link to the new law http://michiganmedicalmarijuana.org/topic/20194-mi-supreme-court-legal-to-drive-with-thc-metabolites-in-body/page__p__176159__fromsearch__1#entry176159