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Title: Washington Driver Gets Six Months for 'Marijuana-Related' Crash That May Have Had Nothing to Do With Marijuana
Source:
Reason
URL Source: http://reason.com/blog/2015/05/19/w ... -driver-gets-six-months-in-mar
Published: May 19, 2015
Author: Jacob Sullum
Post Date: 2015-05-19 20:53:36 by Deckard
Keywords: None
Views: 2608
Comments: 10
Today a Vancouver, Washington, pot smoker received a six-month jail sentence, followed by five years of probation, in a case that seems to illustrate the injustice caused by his state's new definition of stoned driving. Scotty Rowles was driving his 1995 Ford pickup truck on East Mill Plain Boulevard around 6 p.m. on December 17, 2012, when Donald Collins stepped from the median into the street in front of him. According to KPTV, the Fox station in Portland, Oregon, "Investigators said Collins was close to two different lit and controlled intersections, but stepped out in the middle of traffic to try and cross the road." On the face of it, Collins' death was not Rowles' fault. But a police officer smelled marijuana on Rowles, who admitted that he had smoked "a little bowl" one or two hours earlier. He was charged with vehicular homicide. Prosecutors dropped that charge after concluding that there was insufficient evidence to support it. But they changed their minds after a blood test put Rowles' THC level at 7.2 nanograms per milliliter, 2.2 nanograms above Washington's new cutoff for driving under the influence of marijuana. Because of that rule, which was included in the marijuana legalization intitiative that voters approved a month before the accident, Rowles was guilty of DUI even if he was not actually impaired. Since THC is absorbed by fatty tissue, regular cannabis consumers may test above five nanograms all the time, meaning they can never legally drive, whether or not their performance is affected. Knowing he would be convicted of DUI automatically, Rowles pleaded guilty to that charge rather than risk a trial for vehicular homicide. Although news reports described this accident as the first marijuana-related traffic fatality in Washington after voters approved legalization, it's not clear that marijuana had anything to do with it. KPTV says Rowles "failed field sobriety tests," but that does necessarily mean he was impaired. Aaron Pelley, a Seattle defense attorney who specializes in DUI cases, says these tests are "essentially designed for people to fail." (More on that here and here.) KATU, the ABC station in Portland, reported that one of Rowles' relatives told police "he was not impaired when he got behind the wheel." Admittedly, that is not a neutral source, but neither is a cop responding to a fatal accident who smells marijuana on someone's breath and then has to assess his performance on field sobriety tests. "It's just a tragic accident," Rowles told Collins' family at today's sentencing, "and what hurts the most is that I did slam on the brakes. I couldn't stop in time to miss your loved one." The judge himself conceded that Rowles may have been fine to drive. "If you had not partaken in the marijuana, pot, and driven, would the outcome have been different?" he said. "It may not have been. It may have been. We'll never know for certain." According to police, KPTV reported last year, the circumstances of Collins' death "would clearly put him at fault." But under Washington's new per se standard, Rowles is "is technically at fault." Does that sound like justice to you?
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#1. To: Deckard (#0)
Awwwww. Poor baby! What percentage of drivers are impaired at .08 BAC? But that's the standard. Get used to it, dopers.
Most states require a blood draw from all vehicle operators of a fatal accident... even the dead must give blood. It's not an option... driving is a privledge and when you apply for your license, you agree to this.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
I'd say 6 months is a little light for killing someone while stoned. And you are correct, THOUSANDS of people have been involved in a fatal accidents that werent their fault but they had a BAC... Sucks to be them. The law doesn't say, it's legal to drive impaired if the accident isn't your fault. lol
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
Awwwww. Poor baby! According to police, KPTV reported last year, the circumstances of Collins' death "would clearly put him at fault."
By "clearly" you're assuming the driver of the car that hit him was sober and couldn't avoid the jaywalker. I agree. But if the driver was high on marijuana, how do we know that? He could have had plenty of time to stop or swerve but didn't because he was high.
But that's not how yella journalism works. You are suppose to assume that the arrestee is as innocent as Motha Teresa... and the deceased and LE were so wrong that the populace should revolt.... even if the arrestee was a little high. lol
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
He admitted that he had smoked "a little bowl". If it was just "a little bowl" it shouldn't count. Besides, marijuana stays in your system for like 2 years, man. "And after adjusting for age, gender, race and alcohol use, drivers who tested positive for marijuana were no more likely to crash than who had not used any drugs or alcohol prior to driving". (Believe that?) "But unlike with alcohol, drivers high on pot tend to be aware that they are impaired and try to compensate by driving slowly, avoiding risky actions such as passing other cars, and allowing extra room between vehicles." This makes them better drivers, see?
Maybe they should have checked the victim for drugs.
Who did he kill?
I can guarantee you that the coroner did do a blood draw and it was screened for BAC and any drug ID, from the deceased. It's called implied consent. The problem the anarchist has is, it ain't illegal to walk while under the influence. This is why we DO STAY CLEAN, SOBER AND NOT HIGH... to avoid those that do. The driver failed miserably at this concept. There are reasons for laws... even if it makes an anarchist piss themselves mad.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
"KPTV says Rowles "failed field sobriety tests," but that does necessarily mean he was impaired."
#2. To: All (#0)
But they changed their minds after a blood test put Rowles' THC level at 7.2 nanograms per milliliter, 2.2 nanograms above Washington's new cutoff for driving under the influence of marijuana.
#3. To: misterwhite (#1)
What percentage of drivers are impaired at .08 BAC? But that's the standard. Get used to it, dopers.
#4. To: misterwhite, GrandIsland (#1)
"KPTV says Rowles "failed field sobriety tests," but that does necessarily mean he was impaired."
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#5. To: Deckard (#4)
"the circumstances of Collins' death "would clearly put him at fault."
#6. To: misterwhite (#5)
(Edited)
But if the driver was high on marijuana, how do we know that? He could have had plenty of time to stop or swerve but didn't because he was high.
#7. To: GrandIsland (#6)
"even if the arrestee was a little high"
#8. To: misterwhite (#7)
"Investigators said Collins was close to two different lit and controlled intersections, but stepped out in the middle of traffic to try and cross the road."
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#9. To: Deckard (#8)
"Maybe they should have checked the victim for drugs."
#10. To: misterwhite (#9)
(Edited)
Who did he kill?
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