In today’s podcast, Richard L. Duquette Bicycling and Drugged Drivers. Joining Richard is marijuana expert attorney Mark Bluemel from San Diego.
Richard’s Experience
Richard Duquette had handled many bicycling injury cases involving motorists driving drugged. This includes methamphetamine, opiates, benzodiazepine, alcohol, marijuana, prescription medications or the combinations thereof.
He has seen a lot of these cases and he feels it is important to focus on marijuana specifically.
Marijuana Legalization
In California, medicinal marijuana was legalized in 1996 through Prop 215. Since then there has a been a national movement towards full legalization. Colorado and Washington became the first two states to legalize marijuana for adult recreational use in 2012. California will vote to do the same in November 2016.
There is a trend for acceptability and legalization of marijuana. With the greater accessibility of marijuana, several issues are raised for bicyclists safety.
Increased Liability
When a motorist is impaired and is involved in an accident, there is greater liability for the driver. Because of the inflammatory nature of the case, there is greater value or recovery if you are hit, struck or fall victim to an impaired driver. These type of cases will include punitive damages on top of economic and noneconomic damages.
What is THC?
Unlike alcohol which is very simple, the prosecution of individuals under the influence of THC is very difficult to prosecute. There are three different THC molecules that are tested by prosecution labs.
The first is Delta-9 Tetrahydrocannabinol. It’s the main isomer and principal psychoactive constituent of marijuana.
To hear more about THC in marijuana and it’s effects, download and listen to the entire episode Bicycling and Drugged Drivers.
If you are short on time, here are the highlights of Bicycling and Drugged Drivers:
Medicinal marijuana (2:27)
What is impairment? (3:35)
Tale of 3 THC molecules (5:24)
How does the Delta-9 molecule affect motorists? (8:40)
What are the signs of an impaired driver? (14:25)
Who has the burden of proof? (16:05)
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