Judicial system using “defective THC test” to convict person of DUI ?

Marijuana DUI laws have no scientific basis, AAA study finds

blog.sfgate.com/smellthetruth/2016/05/10/marijuana-dui-laws-have-no-scientific-basis-aaa-study-finds/

States that drug test drivers for marijuana are not using accurate scientific method, a new study concludes.

A study released on Tuesday by AAA’s traffic safety foundation found that setting a blood test limit for marijuana is impossible, the Associated Press reports.

“There is understandably a strong desire by both lawmakers and the public to create legal limits for marijuana impairment in the same manner we do alcohol,” said Marshall Doney, AAA’s president and CEO, to the AP. “In the case of marijuana, this approach is flawed and not supported by scientific research.”
According to the study published by the nation’s largest automobile club, the problem in setting marijuana DUI limits is that cannabis is metabolized much differently than alcohol. Some drivers with relatively high levels of marijuana’s psychoactive compound THC were found to not be impaired at all, while drivers with comparably smaller levels may be more dangerous behind the wheel, especially if that person is not a regular user. There is no scientific proof that all people become impaired at an exact blood limit for THC. Getting charged fоr DUI іѕ nоt ѕuсh a small issue anymore аѕ states hаvе tightened thе legal noose аrоund DUI driving аnd impose a variety оf fines аnd restrictions оn offenders. Evеn іf уоu аrе a first-time offender, уоu соuld bе looking аt a heavy fine, suspension оf уоur driving license, оr еvеn a jail sentence depending оn thе seriousness оf thе charges аgаіnѕt уоu.For avoiding situation like these,Keep in mind to be in touch with New Jersey DUI lawyer.  In case уоu аrе convicted оf a DUI charge уоur present job wоuld bе undеr threat whіlе уоu wоuld аlѕо hаvе a tougher tіmе іn searching fоr a job іn future аѕ уоu wоuld nоw bе branded аѕ a criminal wіth a record. Seattle DUI lawyer helps you in the DUI attorney cases.  In addition, уоur car insurance company wоuld аlѕо increase insurance premiums duе tо уоur conviction. Thuѕ, іt іѕ оf utmost importance thаt уоu hire thе services оf аn extremely competent Tampa DUI lawyer thаt hаѕ sufficient knowledge аnd experience іn handling ѕuсh cases.

 

Moreover, frequent marijuana users can be tested for high levels of THC even several days after they last used pot, while infrequent users can rid their system in considerably shorter periods of time.

The study backed by the support of DUID laws for California state, also proved that there are far more worrisome distractions than driving while high. Experts found that using marijuana roughly doubles the risk associated with driving, but driving while talking on a hands-free cellphone actually quadrupled the crash risk. A blood alcohol content of .12 — the average median blood level found in most drunk driving cases — raised the risk by about 15 times.

Lafayette woman positive for THC sentenced in deadly crash

wlfi.com/2016/05/11/lafayette-woman-positive-for-thc-sentenced-in-deadly-crash/

BOONE COUNTY, Ind. (WISH/WLFI) — A judge sentenced a Lafayette woman Wednesday for causing the August 2015 car crash that took a Purdue employee’s life.

Thirty-three-year-old Stephanie Shrock, a dental hygienist in Lafayette, entered a plea agreement in March for the crash on U.S. 52 near State Road 47. Her plea agreement was amended with a sentencing of three years on community corrections, but it’s up to Judge Bruce Petit to decide.

The undated booking photo of Stephanie Shrock if shown. (Photo Provided/Boone County Sheriff's Office)
The undated booking photo of Stephanie Shrock if shown. (Photo Provided/Boone County Sheriff’s Office)

On Wednesday, Shrock was sentenced to six years. However, due to her plea agreement, she will be on supervised probation for five years and 340 days and three of those years will be on house arrest. The judge also suspended her driving privileges for two years.

A psychologist testified that Shrock suffered from severe survivor’s guilt, depression and anxiety following the crash. The psychologist said she was very upset by what the family thought upon hearing that the driver was “intoxicated,” though Shrock said she felt no affects of drug use the morning of the crash.

In the courtroom Wednesday morning, Shrock tearfully recalls the events of Aug. 18.

“I didn’t feel fuzzy, I didn’t feel clouded,” Shrock said. “I did not at all feel impaired.”

Shrock said her use of marijuana was infrequent and she didn’t feel affects of the drug at all that day. Shrock told the court Wednesday the last time she used marijuana was two days before crash.

“It wasn’t a frequent thing,” she said.

During the hearing, Shrock turned to the victim’s family and cried. She told the family this:

“I have thought of all of you every single day and the guilt that I feel on taking away your person, your loved one, your family. I’m so sorry. It’s unimaginable what you guys are going through. I was so angry for you that on top of all the emotions you’re dealing with then you find out if that person had not only smoked that morning, which of course I didn’t. I’m so sorry that we are sitting here, that this is how we are meeting. I hope that you can continue on the path of healing, which is so vital. I pray for your comfort.”

The family was also in tears. Shrock offers that she would like a relationship with victim’s family if they are at all comfortable.

Shrock will learn her fate for charges including causing death when operating a motor vehicle with a schedule I or II controlled substance in the blood, a level four felony. Four other charges, a felony and three misdemeanors, were dropped as part of the agreement.

Shrock was accused of driving with THC in her system when she caused the crash that killed 45-year-old Jacquelin Harp, who worked at Purdue University.

Investigators said Shrock was reaching for a cup of coffee when she drove off the roadway, over corrected, crossed the median and struck Harp’s vehicle head-on.

Court documents also said that Shrock’s urine tests came back positive for cannabinoids.

After the August 2015 crash, a temporary light was installed at the intersection of State Road 52 and State Road 47 following an outcry of support, including a post by the Boone County sheriff. The Indiana Department of Transportation announced Nov. 16, 2015, roughly three months later, the stoplight would become a permanent addition.

4 Responses

  1. hmmm, I know a thing or 2 about these ,”drug making kits,”’ ie so-called ,”test kits,”’..What we learned years back now via a chemist and our own experiments w/decocainized teas,,is inside every single so-call;ed ,”test kits,”” are chemicals BEFORE u ever pee in that cup…These chemicals are called reagants,,,,,What we did w/decocainized coca tea was buy ever otc ,”test kit,” for what on the box saids cocaine,,but its NOT cocaine,,,their MAKING,,, a molecule! Soo,,,the ‘nikk” pouch kit,,put a dry tea leaf in it,,NEGATIVE,,, Spray kit,,,negative,,,Wipes,,,negative,,,Soo we started thinking if its NOT cocaine going in,,,how can it be going out,,,,ITS NOT,, we took the pee test kit and instead of pee,,,we test a cup of tea,,,,bingo,,positive,,however every other ,”dry,” test kits showed a negative,,,What we discovered was inside that pee cup are thee regents ,”ethanol and hydrochloric acid,” inside the cup ..before u pee,,Soo those 2 ingredients are used to MAKE a molecule of benzoylecgonine.In the jungles they use gasoline and a certain cement mix that contain acid,,Now no-one puts ethanol/acid in a cup of tea,,,We contacted a chemist at U.W.,,and asked him wth was going on,,,He told us,,those ,”test kits are designed to re-create the drug,,,NOT test for it,,,my point being ,,this is how someone who ate a poppy seed muffin,,pops positive for heroin,,,the test kit ,,just made it,,again using the chemicals need to MAKE the drug metabolite or molecule,,,Soo when u smoke pot 2 days ago,,,those test MAKING kits are design to MAKE/RECREATE.. that drug molecule,,,even though u havent touched it for days!!!!!when we went to bring our findings into a court of law,,,we were threaten’d w/imprisonment if we brought our chemist/our evidence forward!!!!Drug testing /making is soooooo corrupt and wrong it should be banned!!!it is as bad as the whole corruption w/chronic pain people….When we discoverd this….We lost all faith in our government to ever be honest about anything,,ever,,,If they are willing to destroy people lives over a fake drug test designed to MAKE the drug,,,not test for it,,,,The government will stop at nothing to control its population,,even destroying or killing them!!!maryw

    • This is good to know and will file this info. I know some of the in office test kits are highly unreliable. But even if they used Mass Spec/GC, the fact that they cannot tell from the level when one last smoked MJ and still consider you guilty is ridiculous. I also understand those interlock devices that MADD is so insistent on having installed on 1st time DUI convictions are unreliable also….they register a positive alcohol from the air in the vehicle if the person is wearing perfume, used mouthwash, the vehicle has a radiator leak (ethylene glycol), sprayed cleaner or air freshner in the car and the person is considered in violation until proven otherwise and it may not even be the convicted driver wearing the perfume that sets the thing off but a passenger, but the driver gets in trouble, happened to a neighbor of mine some time back. That’s when they found out about all the other stuff the interlock would pick up on and might violate him on. Insane

      • U r 1000 % correct w/those breath thingy’s they put in cars,,my friend who is a nurse,,got 1 put in her car,,got caught driving home from a wedding,,soo,,,but anyhow,,mouth wash tripped hers,,I didn’t believe it,,soo I tried it,,sure as sh-t,,it tripped,,car would not start,,jmo,,,if u r going to take someones LIFE AWAY,, w/a drug/drunk charge,,,,U BETTER HAVE A TEST THAT IS 100% ACCURATE,,, not this crap they have out now,,,,making a positive is disgusting in its own right,,,refusing that truth be enter in a court of law,,,is just evil,,,,,mary

  2. This is nuts, THC from cannabis stays the system well after the effects of the drug have worn off. This poor women is only guilty of having a car ACCIDENT or at the most failure to have control of a motor vehicle. The highly religious Republican state of Indiana is nothing short of crazy and will use this case to argue against the legalization of MMJ. I’m really surprised that they didn’t try to charge here with drinking while driving because of her coffee. MORONS

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