Revisiting People vs Feezel

[KLAW Blog]

Michigan Supreme Court Opinion

PEOPLE vs FEEZEL

FILED JUNE 8, 2010

Feezel was driving when he encountered an intoxicated pedestrian in the street. Feezel struck the pedestrian whom as a result of the accident passed away.

Feezel’s blood was analyzed which contained 6 nanograms of a THC metabolite called 11 Carboxy THC.

Feezel was charged with OWI causing death and operating with the presence of a schedule one controlled substance. The trial judge refused to admit the evidence that the victim was extremely intoxicated.

Feezel was convicted and appealed.

The question was… whether the THC metabolite (defined below) was a derivative of THC thus making it a schedule one.

The Michigan Supreme Court ruled that it was not (see linked opinion).  

In order to be convicted of Operating with the presence of drugs it must be active THC and not a metabolite.

The court also ruled that the victim’s intoxication was material and should have been admitted into evidence.

The People vs Feezel opinion by the Michigan Supreme Court has been used in many cases since as well as other case law. Many can be found listed here.

Either you’re here just out of interest or you are searching for an attorney. If you need a law firm to protect and fight for your rights call our office 248-357-2550 or visit KomornLaw.com and do your research. The justice system doesn’t like winners unless it’s them…They don’t like us.

What are drug metabolites?

A drug metabolite is a byproduct of the body breaking down, or “metabolizing,” a drug into a different substance.  The process of metabolizing a drug is predictable and certain; everyone metabolizes drugs the same way.  Therefore, the presence of a drug metabolite can be a reliable indicator that a person used the “parent” drug of that metabolite. 

 Some metabolites remain in the body much longer than a drug.  A drug test has a higher chance of identifying a user by looking for the metabolites of a drug, rather than the parent drug. 

Some examples of drug tests that detect metabolites, rather than the drug:

Marijuana

THC is the active substance in marijuana.  The body quickly metabolizes the THC molecule into several metabolites with long chemical names.  Urine drug tests typically detect the THC-COOH (nor-delta-9-tetrahydrocannabinol) metabolite to identify marijuana users because it stays in the body much longer than the active THC drug.  

Cocaine

A typical cocaine drug test kit looks for the presence of the metabolite benzoylecgonine.  The presence of benzoylecgonine in a person’s system indicates cocaine use.  Benzoylecgonine stays in a person’s system significantly longer than cocaine. 

Nicotine

Nicotine is metabolized into cotinine, which has a much longer life in the body than the nicotine drug.  A urine drug test for “nicotine” looks for the presence of cotinine as a sign of tobacco use.

If you are looking for an attorney that will fight for you. You found him.
Michael Komorn – provides DUI, drugged driving and criminal defense passionately an aggressively.
Call The Office 248-357-2550 or visit KomornLaw.com

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