So It Begins: Not-At-Fault Driver Charged With Marijuana DUI

[loves420]

Driver charged with DUI Marijuana after deadly crash in Vancouver

 

 

Posted: Dec 17, 2012 8:18 PM PST Updated: Dec 18, 2012 8:17 AM PST By FOX 12 Staff

 

VANCOUVER, WA (KPTV) -

The Vancouver Police Department arrested a man on the charge of driving under the influence of marijuana in connection with a deadly crash in Vancouver.

 

 

 

Photos

 

 

http://kptv.images.worldnow.com/images/1930986_G.jpg

 

 

Police believe this is the first deadly crash involving marijuana since it became legal in Washington. >> See Photos

Investigators said the driver hit and killed a pedestrian around 5:50 p.m. on East Mill Plain Boulevard and Andresen Road.

 

Police say the victim, a male in his 50's, was believed to be walking back from Safeway and stepped out into the middle of traffic.

 

The driver, Scotty Rowles, was driving westbound on East Mill Plain Boulevard and could not stop his car in time, according to police.

 

Detectives says Rowles cooperated with the investigation, but after interviewing him they determined there was enough evidence to arrest him on suspicion of driving under the influence of marijuana.

 

Police believe this is the first deadly crash involving the drug since it became legal in the state of Washington.

 

Police say the victim was close to two different lit and controlled intersections, but chose to step out into the middle of traffic, which would clearly put him at fault.

 

However, because Rowles was believed to be under the influence of marijuana, Washington State law says he is technically at fault, according to police.

 

While it may now be legal to smoke marijuana in the state of Washington, police say it is never legal to smoke it and then get behind the wheel.

 

The victim's ID will be released after police notify his family.

Copyright 2012 KPTV (Meredith Corporation). All rights reserved.

 

http://www.kptv.com/story/20368360/driver-charged-with-dui-marijuana-after-deadly-crash-in-vancouver

[loves420]

So it all begins: DWI for pot even though driver not at fault....

 

 

 

 

 

I-502 In Action: Cops Say Driver 'Technically At Fault' Because He Had THC In His System

 

Before Washington state "marijuana legalization" Initiative 502 passed last month, some in the community, Toke of the Town included, publicly worried about the fallout from the measure's section on driving under the influence of cannabis. It appears those concerns were not groundless -- a driver, not at fault in a fatal accident, has been charged with DUI-marijuana in a deadly crash which ended the life of a pedestrian.

 

According to the Vancouver Police Department, this is probably the first deadly crash involving marijuana since it became legal in Washington. The driver was not at fault, but was charged anyway, since police "believed him to be under the influence of marijuana."

 

The victim, a male in his 50s, was believed to have been walking back home from a grocery store and stepped out into the middle of traffic around 5:50 p.m. at East Mill Boulevard and Andresen Road on Monday, according to police.

 

Officials said the victim was close to two different lit and controlled intersections, "but chose to step out into the middle of traffic, which would clearly put him at fault," reports KPTV.

 

But because the cops at the scene of the accident "believed" driver Scott Rowles to be "under the influence of marijuana," he was charged with DUI anyway. If his blood test shows that he was over five nanograms per milliliter (5 ng/ml) THC blood level, he will be considered automatically guilty; that's the legal effect of an arbitrarily set "per se" THC limit, as unscientific and as unfair it may be.

 

 

MORE AT LINK:

 

http://www.tokeofthetown.com/2012/12/so_it_begins_not-at-fault_driver_charged_with_mari.php

 

 

 

 

Officials said the victim was close to two different lit and controlled intersections but chose to step out into the middle of traffic which would clearly put him at fault but because the cops at the scene of the accident "believed" driver Scott Rowles to be "under the influence of marijuana," he was charged with DUI anyway.

 

http://www.tokeofthetown.com/2012/12..._with_mari.php

[Matanuska Thunder]

So even when not at fault, blame it on the cannabis smoker.

What type of logic is that?

 

[loves420]

Charges dropped in Vancouver pedestrian fatal

VANCOUVER -- Charges have been dropped against a man initially charged with vehicular homicide in the death of a pedestrian early Monday evening in Vancouver.

 

Donald Collins, 62, was struck and killed at East Mill Plain Boulevard and Andresen Road about 5:50 p.m. Monday.

 

The driver, Scotty R. Rowles, 47, was arrested after telling police he had smoked a bowl of marijuana within the past 90 minutes. Rowles was given a field sobriety test, a drug test, and was taken into custody on a charge of vehicular homicide.

 

On Wednesday, the charge of vehicular homicide was dropped against Rowles by the Clark County DA's office. Court documents obtained by KGW indicated the District Attorney concluded that "further investigation is necessary" in the case.

 

The arrest garnered additional public attention because it came within weeks after the possession of marijuana was made legal by a statewide vote in November. How police enforce pot-impaired driving laws has been part of the public policy debate since the vote.

 

 

http://www.kgw.com/news/neighborhood...184181911.html

[Son Of Abraham]

Wow. What a bad situation to be in.

 

To play devil's advocate, I bet a lot of people would have no problem (even here) if he had been drinking. I know it's not the same - there is no where near as much evidence for impairment where mj is concerned, although this subtlety is probably not recognized by the layman.

 

It is truly a bad idea to be driving while stoned. I know it's enjoyable... I've done it a lot in the past. My mind changed after a deer walked out in front of me, and I couldn't stop. Luckily, it wasn't too far out in front; it only dented my fender and stripped off my driver's side mirror. If it had been a meter further into the road, I probably would have been seriously hurt (or dead), and there would have been weed found in the car, compounding the problem.

 

Cars are really, really dangerous tools. When we drive every day, it is easy to get lax. This could have happened even if he was completely clear-headed, but... sometimes it pays to use some discretion.

 

It's always what you DON'T plan for that gets you - like, e.g. some idiot jumping out in front of you! One should always operate in a way that minimizes the risk associated with the stupidity of others. Just sayin' -SoA