Here’s what to know if you get caught driving at heights
Virtually every discussion from lawmakers looking to shoot down cannabis legalization has raised concerns about driving at height: get us a roadside test device, or we’re done here.
According to theNational Drug Use and Health SurveyThere were an estimated 10,511 alcohol-disabled road deaths in 2018, but “the contribution of marijuana and other illicit drugs to these and other driver-impaired deaths is unknown.” Months of driving under the influence of marijuana.
Industrial manufacturers are looking for a roadside test device to measure THC poisoning – the Draeger Drug Test 5000, the Securetec Drug Wipe, to name a few – but the reliability of these devices has been questioned, according to astudy. Too many false positives are found. Exposure to second-hand cannabis smoke could result in a positive THC test on a roadside test device.
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These devices are used to perform roadside tests that check saliva swabs for a set level of poisoning. AndIt is unclear If a CBD-pure product with, for example, 0.5% THC would influence the test measurements and produce false positive results.
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This amazing, complex plant is like a road test ninja. THC, which could indicate poisoning, remains in your body in small amounts for days or even weekscontinue to be released From there, they are stored in your body’s fat in your blood as you go about your daily business. They’re not high, but a saliva or blood test could suggest you still have reached a THC poisoning limit set by local law enforcement.
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Something11 states have accepted a per se measurement scheme (similar to the degree of intoxication of a drunk driver, measured as a concentration of 5 or 10 nanograms per liter, depending on the condition) or a zero tolerance scheme (i.e. every amount of THC detected in a liquid sample) to measure whether you are too high to drive. But the Road Safety Foundation noted that “the scientific evidence on the adverse effects of THC on driving performance and the risk of accidents is not clear or consistent”.
Police then have to do the usual field sobriety tests they use for alcohol-related impairment and look for evidence of THC poisoning – the smell or the marijuana (which some jurisdictions say is not a good reason to ambush someone ), distracted speech, stopping too long at a stop sign, red eyes – or so-called Conduct disorder.
Photo by Ed 259 via Unsplash
Can you beat it Well, you can simply refuse to take the field sobriety test and breathalyzer. Penalties in most states for this type of denial include handing over your driver’s license for a period of time. But guess what? That leaves the subjective observations of the law enforcement officer who pulled you over to be the only indication of your guilt. And any good lawyer should be able to make that particular subjective analysis go away.
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What’s more that Instructor Guide According to the National Highway Traffic Safety Administration (NHTSA), roadside sobriety tests should be conducted “in ideal conditions,” another loophole a savvy defender should explore.
If you have to go to court over a hearing about your DUID (drug driving), you will likely get a new onenew court-appointed public prosecutor Who has little or no experience with the legal challenges you – or your lawyer – pose for them?
So take your risk – even the casual user knows how to drive while high has its challenges. Know your rights, but you won’t become another statistic just because you want to keep them on The Man.
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