Archive for the ‘per se laws’ tag
November 29th, 2013 at 3:40 pm
Willie Craft Sr., 58, of Urbana, was charged in mid-November “with two felony counts of driving under the influence and one count of reckless homicide,” according to the Chicago Tribune. Craft was piloting a pick-up when he went over a curb and “struck two students from the University of Illinois at Urbana-Champaign, killing one of them.” It was later discovered that Craft had marijuana in his system at the time of the crash, according to Champaign County State’s Attorney Julia Rietz and as reported by the Tribune. Craft was initially “cited for driving without insurance and improper lane usage,” after the incident, but according to Rietz it was upon further investigation that officials stated that Craft was driving under the influence. He was also “not properly treating his diabetic condition,” according to the Tribune.
Mimi Liu, 20, of Chicago’s Bridgeport neighborhood was killed in the crash, and another student was injured. According to Rietz, Craft “told officials he was driving on the day of the crash for the first time in three years with the intent of getting insurance for his vehicle.” He had previously stayed away from getting behind the wheel because of his diabetic condition, according to the Tribune. That day, according to the Tribune, Craft said that, “he did not eat breakfast that morning even though he knew he needed it to keep his blood levels up.”
According to NORML, a non-profit that works to reform marijuana laws, Illinois is one of a handful of states that enforces per se drugged driving laws, in which a driver who tests positive for an inactive THC metabolite can be slapped with a DUI. This byproduct, however, “may be present in the urine of daily cannabis consumers for several weeks, or even months, after past use.”
A Court of Appeals in Arizona earlier this year deliberated a case involving the per se law in Arizona, and upheld the validity of the state’s per se law. As an attorney told the USA Today, “as things stand, a person from Arizona could go on a snowboarding trip to Colorado or Washington state, where marijuana is legal… and then a month later… get stopped and be convicted of DUI.”