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Old 07-04-2007
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Drug hangover can count as DWI

Drug hangover can count as DWI, N.J. court rules | Inquirer | 06/30/2007

Quote:
NEWARK, N.J. - Motorists suffering the aftereffects of drug use can be considered to be driving while impaired even if they are not directly under the influence of drugs at the time, a state appeals court has ruled.
The 3-0 ruling was announced Thursday by the Appellate Division of Superior Court.

"This case presents a novel issue as to whether a 'rebound effect' or a 'hangover effect' from a previous ingestion of cocaine constitutes being 'under the influence' of a narcotic drug," the court wrote. "We hold that it does."...

Franchetta registered a 0.00 percent blood-alcohol reading on a Breathalyzer test, but state police testified that he appeared incoherent and lethargic. After administering a blood test and finding a substance produced by the body's metabolizing of cocaine, they concluded that he was suffering from the after-effects of cocaine use....

John Tumelty, who represented Franchetta, told the Newark Star-Ledger that the potential impact of the ruling was enormous.

"Where do you draw the line? Even though a guy is not high and a drug is not active in the guy's system, if he's tired and sluggish and hung over from previous use, does that make him under influence? If they say a drug hangover makes you guilty, what about an alcohol hangover?"
Although, with an alcohol hangover, you still may have alcohol in your system. Alcohol elimination has zero-order kinetics, thus it is totally time-dependant. Many with hangovers still have the EtOH in their system.

But, where do you draw the line? Are we going to get arrested for impaired driving when we haven't gotten enough sleep? Although not a good idea to drive while tired, how do you enforce that or justly judge that?

Chemically, this guy was clean, yet he still lost his case. This is wrong, IMO.

[edit] Although he did have cocaine metabolites in his sytem, they fail to indicate whether they are active metabolites. If they are active metabolites, then I would think it is OK for the ruling to stand. Many drugs are pro-drugs, and only their active metabolites provide the pharmacological effect.
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Last edited by Si modo; 07-04-2007 at 08:59 AM.
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Old 07-04-2007
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Re: Drug hangover can count as DWI

Doesn't take a test to be arrested and convicted for impaired driving in my state, which ranks impaired driving at the same level as DUI for penalties and insurance purposes. Any LE officer can arrest an individual on the basis of judging a driver to be impaired for whatever reason while operating a motor vehicle. As many motorists have to their dismay discovered, that includes attitude toward the officer and appearance. The court depends on the 'professional judgment' of the officer regardless of field sobriety or laboratory tests.

Due to the reactive nature of LE, DUI, impaired driving and traffic violations have become very important revenue sources for municipal coffers as federal state revenue sharing decreases to support foreign policy. Any tax increase in my state at any level requires a public majority vote and people don't support tax increases, so the civil service drones and politicians are getting their raises and benefits by any other means possible.
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Old 07-09-2007
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Re: Drug hangover can count as DWI

I think the idea of making drunk driving illegal in the first place is stupid. Same for other drugs. Drinking is not the only cause of collisions, incompetent driving is another. Conversing with someone in the car. Using a navigation system. Having a lot on your mind. You name it. Just make it the person's fault if he fucks up, drunk or not. Or you might as well just ban cars since I doubt you will find people with nothing on their mind who are not distracted by anything ever.
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Old 07-10-2007
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Re: Drug hangover can count as DWI

Quote:
Originally Posted by Si modo View Post
Drug hangover can count as DWI, N.J. court rules | Inquirer | 06/30/2007



Although, with an alcohol hangover, you still may have alcohol in your system. Alcohol elimination has zero-order kinetics, thus it is totally time-dependant. Many with hangovers still have the EtOH in their system.

But, where do you draw the line? Are we going to get arrested for impaired driving when we haven't gotten enough sleep? Although not a good idea to drive while tired, how do you enforce that or justly judge that?

Chemically, this guy was clean, yet he still lost his case. This is wrong, IMO.

[edit] Although he did have cocaine metabolites in his sytem, they fail to indicate whether they are active metabolites. If they are active metabolites, then I would think it is OK for the ruling to stand. Many drugs are pro-drugs, and only their active metabolites provide the pharmacological effect.
Driving after doing cocaine constitutes "impairment"? A stimulant that increases alertness and masks fatigue? I'd much rather be across the highway from some coked up guy than someone who hadn't gotten much sleep the previous night. I wonder if driving under the influence of caffeine is also considered impairment. How about the millions of people that drive on a daily basis (particularly in the morning) while suffering from caffeine withdrawal?

This ruling is stupid and hypocritical, and it provides a microcosm for our country's stupid, hypocritical, propaganda-heavy stance on various drugs and driving. I'd be mollified if lecherous old Senators got thrown in the drunk-tank for driving under the influence of Viagra - now there's a distraction...
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Old 07-10-2007
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Re: Drug hangover can count as DWI

Quote:
Originally Posted by drgoodtrips View Post
Driving after doing cocaine constitutes "impairment"? A stimulant that increases alertness and masks fatigue? I'd much rather be across the highway from some coked up guy than someone who hadn't gotten much sleep the previous night. I wonder if driving under the influence of caffeine is also considered impairment. How about the millions of people that drive on a daily basis (particularly in the morning) while suffering from caffeine withdrawal?

This ruling is stupid and hypocritical, and it provides a microcosm for our country's stupid, hypocritical, propaganda-heavy stance on various drugs and driving. I'd be mollified if lecherous old Senators got thrown in the drunk-tank for driving under the influence of Viagra - now there's a distraction...
I think I'd choose that coked up guy over the all-nighter, too.

It's a crazy ruling. I hope the guy has enough money to appeal. It shouldn't stand.

[sarcasm] Thanks for the visual of the old senator under the influence of viagra.[/sarcasm] Yeeech.
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Old 07-10-2007
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Re: Drug hangover can count as DWI

This is bullshit. "he appeared incoherent and lethargic", so they gave him a drug test - after he had already passed a breathalyzer. Shit, I appear incoherent and lethargic on any given morning before my coffee has kicked in. Could they haul me in for that? Bullshit.
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Old 07-10-2007
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Re: Drug hangover can count as DWI

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Originally Posted by Jefe View Post
This is bullshit. "he appeared incoherent and lethargic", so they gave him a drug test - after he had already passed a breathalyzer. Shit, I appear incoherent and lethargic on any given morning before my coffee has kicked in. Could they haul me in for that? Bullshit.
Seems reasonable. Caffeine is a more powerful drug than cocaine.
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