iwannadie
NAXJA Forum User
- Location
- Gilbert, Az
I think it's foolish to claim the police cannot test for intoxication, but feel free to draw your own conclusions. Mind you, this test was done 17 years ago...
http://www.nejm.org/doi/full/10.1056/NEJM199408253310807#t=articleDiscussion
It's been mentioned, but yes, we would have to change the laws, and improve testing. Yes, field sobriety testing would possibly need refined, although if you haven't given the police reason to stop you, this isn't normally an issue. Yes, we would have to have guidelines on its use (something like open container laws; prohibiting smoking in areas not designated for its use; limiting legal use to adults; still prohibiting driving under the influence of any intoxicant, etc), set thresholds for a level of intoxication, and the other obvious practical issues legalization would create. But claiming this is impossible, simply because we haven't done it yet, is silly.
Ok, the link you posted just proves my point even more I think. Those who were found to have traces of marijuana, we have no clue if they were actually impaired or not. Again, unlike alcohol the marijuana stays in your system for around 30 days. If marijuana were legal would those people face charges for driving under the influence in that situation?
Are cops then going to urine test everyone that shows suspicion of marijuana use along the side of the road? The test you linked to, they used a police van with trained personal and a private toilet setup. How many of these urine test vans do you really think will be commissioned to test for marijuana use?
I can see a likely traffic stop going like this.
You get pulled over because your car looks suspicious which can mean anything. The cop comes up, smells marijuana and questions you. You tell the officer yes, you have consumed legal marijuana but not within the past 48 hours. The cop says you are showing signs of being under the influence because your eyes are red. He has no means to prove or do a road side test so you are arrested for driving under the influence. You are taken in and have a blood test done which confirms the trace amounts of marijuana in your system. You now need bailed out of jail, need to hire a lawyer and prove that you were not under the influence when pulled over. You have no evidence to prove your innocence while the police report says you exhibited signs of being under the influence and the drug test confirmed it.
Maybe I am unlucky but I have been pulled over many times, never once ticketed for anything though. I always get the "Well your vehicle fit a description", "You only signaled 98 feet before turning, you need to signal 100 feet before turning." and other such things. To say, people only get pulled over because you did something wrong is a bit closed minded I feel.