Cracking Down On Drugged Driving

[bobandtorey]

A new bill would give police the ability to use a swab kit to test suspected drugged drivers on the road. 

"The officer will take this clean device, it has a little sponge on it and read all the rights and then simply ask the person to open their mouth and in - out, out it in the container. The science is there to tell the officer exactly what you're on, whether you're high on marijuana, cocaine, heroin," explained Senator Rick Jones (R - Grand Ledge). 

He's been pushing the bill for three years; and says, the State Police crime lab has finally approved a pilot program. 

"They will select 3 counties to start it in and then over time, it will be phased into the entire state," the Senator said. 

"Just like any other piece of equipment that police use, we always like to vet technology before we roll it out statewide," Sgt. Amy Dehner of the Michigan State Police explained. 

She said the officer will still conduct the field sobriety tests and a blood test will eventually take place, but this technology will be huge. 

Sgt. Dehner explained, "That will just further the officer's probable cause at the scene in the event that they feel that this driver's impaired in order to make an arrest."

Which MSP says they're seeing more often. In 2014, there were 87 fatal accidents caused by a person driving while high on marijuana. 

"We're very concerned, I think especially because of the legislation that's entertaining expanding medical marijuana," Sgt. Dehner said. "We don't want to be caught in a situation where we're trying to be proactive after something is already rolled out and we get caught behind the eight ball on it."

But Defense Attorney Mike Nichols said it's a waste of taxpayer dollars. He fears the tool isn't going to be effective. 

"Many people, too many people, are gonna believe okay this will help clear me if you haven't used THC in 3 days. That's not necessarily the case," Nichols said. "The problem with it is it's highly sensitive but not very selective."

Nichols said police should stick to the usual blood test. 

If approved, the bill would just allow a pilot program, which State Police said will show if the technology is going to be effective. 

Michigan would join 12 other states testing the swab kit. 

But, at the same time as lawmakers are looking to crack down on drugged driving, they're also trying to make it easier to get medical marijuana. 

The House passed bills allowing dispensaries to re-open and allowing them to sell edible forms of medical marijuana. 

The State also wants to create a 3% tax on the sale marijuana. That would be in addition to the regular 6% sales tax. 

Democratic Senator Curtis Hertel says he plans to vote 'yes' when the bills come up. 

"I think the voters have spoken on that. I think that we have to make sure that we have a system that allows law enforcement and local government to regulate their areas, but also provides proper protections for the citizens. And, I think that that's what this bill does," he said. 

We don't know exactly when the bills will come up for a vote, but Senator Hertel expects it to happen fairly soon.

 

http://www.wilx.com/home/headlines/Cracking-Down-on-Drugged-Driving-331475152.html?ref=152

[bobandtorey]

 

Which MSP says they're seeing more often. In 2014, there were 87 fatal accidents caused by a person driving while high on marijuana.

 

Wow i can't believe he said that

[t-pain]

never seen that report. anyone find it yet?

[budpuffer]

i sure don't want some cop sticking anything in my mouth alongside the dang road...lol....next they'll want an anal swab to find out if your lying too..../bp    ps i wonder what the death rate is from stupid cops killing people,, either by gun or car.. 

[Kingdiamond]

No way Im letting them swab me for anything ill fight it in court this has to be a violation of our rights in some way .

[slipstar059]

No need to dig through the trash to collect DNA samples anymore, just test the suspect for drugged driving, and it's all good.

[t-pain]

i wouldnt trust anyone except a doctor to take some kind of test on my body and or fluids.

[bobandtorey]

This could get ugly on the side of the Road 

[Restorium2]

Best to know what the process actually is;

 

They swab you to see if you have used in the last 4-6 days.  It only confirms some usage. If it's positive then they have to blood test you to get a level to work with. None of this needs to happen if you first passed the field sobriety test. If you give them any kind of trouble you will go straight to the blood test.

The only good thing about the swab is it can possibly eliminate the suspicion of marijuana usage if negative, (not used cannabis in 4-6 days).  Then the cops can move on to testing for other things they think might have caused the impairment. It's their tool not ours ...... don't expect it to help you at all. Our only tools are cameras and field tests.  

Edited October 10, 2015 by Restorium2

[zachw]

never seen that report. anyone find it yet?

 

Probably irrelevant even if it does exist since - as everyone here knows - there is currently no test being used by cops that can actually determine if a user is high, only if there is THC in their system. Plus the fact that anti-cannabis folks will still claim cannabis was a factor in an accident even if the driver was DRUNK (or affected by prescription opiates) at the time but also tested positive for THC. Of course, any relevant statistics surely ignores the type of user, implying that an experienced older user was equivalent to a newbie user or a young person with immature judgement skills or someone who scarfed down a large dose of medibles.

 

Disclaimer: I don't condone driving high, and think anyone that lights up WHILE they are driving is stupid and just asking for an arrest.

Edited October 10, 2015 by zachw

[Restorium2]

Probably irrelevant even if it does exist since - as everyone here knows - there is currently no test being used by cops that can actually determine if a user is high, only if there is THC in their system. Plus the fact that anti-cannabis folks will still claim cannabis was a factor in an accident even if the driver was DRUNK (or affected by prescription opiates) at the time but also tested positive for THC. Of course, any relevant statistics surely ignores the type of user, implying that an experienced older user was equivalent to a newbie user or a young person with immature judgement skills or someone who scarfed down a large dose of medibles.

 

Disclaimer: I don't condone driving high, and think anyone that lights up WHILE they are driving is stupid and just asking for an arrest.

Agree on that. It could be as bad as texting while driving. Especially if you are a bad roller. The whole 'getting burned by falling ashes' can really take your mind off the road. Almost as bad as swatting at bugs. Who does that?

[t-pain]

wasnt there a news story recently about a person who jumped out of their car (with a kid in the backseat) because of a spider?

 

yep, http://fox6now.com/2015/09/21/woman-jumps-from-moving-car-after-seeing-spider-causes-wreck/

[budpuffer]

the question is how many of us that use MJ can say that we haven't used any in the last 3-4 days?? with me it would be just as hard to say that i hadn't used any in the last 3- 4 hours...or even the last 30- 40 minutes...oh no that roach in the ash tray is still  smouldering...buckle up.. i'm making a run for the border...lol..bp    ps i've done my share of blowing some meds while behind the wheel and like everything else, if done responsibly,is just fine   and i don't think of myself as being any more stupidier then the next guy...bp 

[in vivo]

Friends don't let friends hang out with friends who smoke and drive.

 

I wonder if they'll be using DrugWipe5, or if they're splurging on DrugTest5000. By the sound of it it's just the swabs. 

 

As someone with first hand experience of what it's like dealing with a faulty breathalyzer I feel for all of the false positives that are bound to happen.   

[t-pain]

i just read a story about a guy who did a powdered sugar prank and the field test did a false positive for cocaine.

 

http://www.miaminewtimes.com/news/um-student-s-powdered-sugar-prank-goes-horribly-wrong-ends-in-felony-arrest-7916292

 

oh yeah, charges dropped http://www.miaminewtimes.com/news/charges-dropped-in-um-powdered-sugar-prank-after-lab-confirms-no-cocaine-7942136

[bobandtorey]

oh yeah charges dropped >>> great for him but how much $$$ did he pay the Lawyers i hope he learned a lesson 

 

One day i was flying around the county and and would take things i needed like Tea bag's and sugar and was stopped by Air port  Leo they spotted the sugar in my carry on

 

and the plane left and i was still at the airport   Lol

[GregS]

If memory serves, the Supreme Court ruled in Green that intoxication must be shown. What has not been established is what that looks like. Weaving in your lane? The condition of Michigan roads just don't let us take the most direct track. Missing your exit? Puleeze. Without objective behavioral findings that cannabis impairs driving to the point that it is, in itself, causation of an accident or other infraction, this move holds no water. Road violations, accidents, and even deaths are common enough in cases where there are no substances at work. The science is not adequate to conclusively determine driving impairment, or perhaps more aptly does not and will not. Until that is studied and established, these policies are nothing more than grandstanding, and run contrary to Green and the MMA, which is all fine and well for medical users, and subsequently unconstitutional. When recreational use comes along this will amount to nothing more than a fishing expedition by the government. I know it is possible to drive to and from the Gulf and the Pacific Ocean without any excessive threat of injury.

 

Show me the science Senator. Till then you can kiss myass.

[bobandtorey]

If memory serves, the Supreme Court ruled in Green that intoxication must be shown. What has not been established is what that looks like. Weaving in your lane? The condition of Michigan roads just don't let us take the most direct track. Missing your exit? Puleeze. Without objective behavioral findings that cannabis impairs driving to the point that it is, in itself, causation of an accident or other infraction, this move holds no water. Road violations, accidents, and even deaths are common enough in cases where there are no substances at work. The science is not adequate to conclusively determine driving impairment, or perhaps more aptly does not and will not. Until that is studied and established, these policies are nothing more than grandstanding, and run contrary to Green and the MMA, which is all fine and well for medical users, and subsequently unconstitutional. When recreational use comes along this will amount to nothing more than a fishing expedition by the government. I know it is possible to drive to and from the Gulf and the Pacific Ocean without any excessive threat of injury.

 

Show me the science Senator. Till then you can kiss myass.

 

 

Thanks do you mean Koon not green

[GregS]

ty

[HarveyWallbanger]

What about the 30 day shelve life of thc in the body? years ago in rehab 20 days after not smoking weed I still had levels of thc in my system I don't see how a swab is going to tell anybody if your high. The high only last a few hours why don't the leo's work on stopping the carjacking and murder in the D. and stop waisting time on the war on people taking medicine, makes me sick. Forget the Rape Kits, Protecting Kids at Schools, Robbery, Murder, Assult  and harrass sick people. This is why People are fed up with the system and want Trump of some other nut to run the Country because they are smarter than the Police. Thanks Wallbanger

Edited October 12, 2015 by HarveyWallbanger

[bobandtorey]

  why don't the Leo's work on stopping the carjacking and murder in the D. ? Because Imo the car jackers don't have $$ like the cannabis users do and arresting murders only cost the State money

 

Maybe 

[trichcycler]

but wait, is it true " LEO " barely gets a pittance compared to attorney fees in the bulk of arrests and trials.  Those fees are often the only thing standing between a cannabis user and justice in our system.  I think cannabis users are low hanging fruit for the LEO resume's, pleas for more federal money, exploited and exaggerated reports of drug crimes to the media/feds etc.

[bobandtorey]

Are you saying a Lawyer gets paid a lot of money for defending a murder ? most court appointed Lawyer don't get a lot of money Imo

[trichcycler]

Are you saying a Lawyer gets paid a lot of money for defending a murder ? most court appointed Lawyer don't get a lot of money Imo

no I didn't say that. "a lot" is subjective" but yes, since you ask, the defense team for proper justice in a court room will extract more cash from the defendant than the "system" that arrests him wouldn't you say ?

 

 

Because Imo the car jackers don't have $$ like the cannabis users do

this is what I was asking you about^^

 

Who gets more acceptable justice anyhow, the court appointed defendant team, or the hired private attorney firm? When I've seen court in action on others it was the money paid to the defense team that seemed to matter the most, even more than guilt, and more than the court fees and fines levied.

Edited October 12, 2015 by grassmatch

[bobandtorey]

Most times the one that has the most $$ win's