Colorado Bill Could Make Driving Too High Illegal

Colorado recently amended their Constitution to allow for those 21 and over to legally possess and smoke marijuana.  Now, Colorado is on the way to becoming one of the few states in the U.S. to enact a DUI law limiting the amount of THC one may have in their system when driving.  Last week, a proposed bill that would set a “per se” or legal limit of THC at 5 nanograms per milliliter of whole blood, passed a house committee and is on the way up the ladder.  Of course, the bill has critics on both sides questioning its effectiveness.  colorado marijuana DUI

Proponents say that the bill is necessary, and even call for lower limits on the amount of THC one may legally have pulsing through their bloodstream while driving.  Others, however, say that impairment may vary greatly from person to person, making the hard-and-fast limit impracticable and ineffective.  Notably, the most current version of the bill does allow for those charged with DUI marijuana to rebut the charges by showing a lack of impairment.  Therefore, factors like driving actions and performance of field sobriety tests will become important in the cases.

Currently, Georgia and most other states do not allow for legal possession of marijuana.  Georgia does have DUI laws to include those driving under the influence of marijuana, but, under Georgia’s laws the State must prove impairment rather than mere consumption.  This comes after a successful challenge to the Georgia law under the Equal Protection Clause of the Constitution.

So, should all states enact DUI charges that set a legal limit in marijuana cases?  Is Colorado’s proposed law a good idea or is it flawed?  Comment below.

Diet Soda Sweetened with Aspartame may Increase Blood Alcohol Content

cocktail on white background

We ran across an interesting article about the effect of artificially sweetened diet soda combined with alcohol.  According to researchers from Northern Kentucky University, alcohol consumed with a diet soda mixer results in higher breath alcohol … [Continue reading]

Don’t Forget that Police Cars Contain Video Cameras

I recently ran across video posted on a New Jersey law firm's blog of a man singing Queen's Bohemian Rhapsody at full volume after he had been arrested for DUI.  Apparently this gentleman did not realize that most police cars are equipped with video … [Continue reading]

Disorderly Conduct Charge Results in 12 Month Probation and Hefty Expense

A Decatur woman recently stood trial for Disorderly Conduct under Georgia's state law.  The defendant, Donetta Foster, took the stand to testify on Wednesday, according to a story on Channel 2 news.  Ms. Foster's disorderly charge stems from a … [Continue reading]

DUI Arrest = Two Cases to Worry About

Obviously, it can be very unsettling if you are arrested for DUI.   What you may not know is that you will have to deal with two (2) cases after your arrest.  The first is the criminal case - this involves the State of Georgia (the "State") pursuing … [Continue reading]

Jury Awards $30,000 in Punitive Damages Against DUI Driver

jury at work

A jury in Gwinnett County awarded over $30,000 in damages last month to Plaintiff Amber Hand after she was rear ended by a DUI driver in July of 2009.  The article, published by the Fulton County Daily Report, describes how the Defendant in the … [Continue reading]

Frustrated Driver Files Federal Lawsuit Against Georgia “Speed Trap”

police speed trap

The Atlanta Journal-Constitution reports that a retired dentist has filed a federal lawsuit against the small Georgia town of Arcade, alleging that the Athens area municipality used "overzealous and improper tactics in creating a speed trap" along … [Continue reading]

Troy Davis Faces Yet Another Procedural Hurdle

This past week a three judge panel from the 11th Circuit Court of Appeals refused to hear an appeal filed by lawyers for convicted murderer Troy Davis.  The United States Supreme Court had previously ordered a federal district court judge to consider … [Continue reading]

What Happens When You Appear in Criminal Court Without a Lawyer

handcuffed defendant

Despite what you may see on television, where almost every criminal defendant has a lawyer, in reality, most defendants appear either without counsel, or represented by a public defender who may meet with them 10 minutes before the scheduled court … [Continue reading]

Gwinnett County Commission Chairman Arrested for DUI

The Atlanta Journal Constitution reports that Gwinnett County Commission Chairman Charles Bannister has been arrested for DUI.  There is an interesting twist to this story. According to the arresting officer, Mr. Bannister failed three field tests … [Continue reading]