Studies show that a number of those who drive while under the influence of alcohol or drugs do so because they are addicted to these substances. If this is the case, will increasing fines and penalties for these types of violations solve the problem?
Orange County, California (PRWEB) April 01, 2013
According to abclocal.com, a new bill designed to solidify laws concerning driving while under the influence of drugs has gained support amongst California groups. MacGregor & Collins drug crime lawyers believe that the bill has loopholes which will lead to wrongful convictions.
California has clear and concise laws pertaining to driving while under the influence of alcohol, but for drugs, there is little clarification as to what constitutes impaired driving. Senate Bill 289 would make it illegal for drivers who test positive for small traces of drugs in their system, including medical marijuana and prescription medications.
Mikail Ali, San Francisco Police Commander, believes that the lack of laws clearly defining drugged driving violations has made it difficult to convict those who drive while under the influence. “It makes it difficult for not only prosecutors to present the case but to present clear instructions to our citizens who serve on the jury”, said Commander Ali.
Prosecuting drugged drivers becomes more difficult when you take into account that positive tests are not currently enough evidence to prove that violators will be convicted. Prosecutors must convince their juries that defendants’ driving abilities were impaired and that the drug caused this impairment. Drugs like Marijuana have little evidence supporting theories that drivers are impaired after using it.
Randy Collins, Orange County drug crime lawyer, has represented countless alleged drug crime offenders. “Taking action to try and limit injuries and deaths sustained as a result of driving while under the influence is something that we strongly support, but Senate Bill 289 is not the answer. There are several drugs which stay in a person’s system for long periods of time. If someone used Marijuana last week and is arrested for erratic driving today, what would stop arresting officers from issuing a Marijuana DUI?
“Studies show that a number of those who drive while under the influence of alcohol or drugs do so because they are addicted to these substances. If this is the case, will increasing fines and penalties for these types of violations solve the problem? This may be a good time to increase awareness about the dangerous effects of driving while under the influence of drugs. Unless this bill is rewritten so that it protects recreational drug users from being charged with drugged driving while they are sober, we strongly disagree with the its implementation,” said Attorney Collins.
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