blood alcohol concentration - BAC, blood alcohol levels - BAL, cannabis, Drug-Impaired Driving, Drunk Driving, DUI/DWI/OWI/OWAI, DUID, DWAI, Field Sobriety Tests

Got a DUI/DWI Ticket?

redcar_motocyclecop

Were you pulled over by the police under suspicion of driving impaired? Here are some tips to help you get through the arrest:

  • Stay calm and don’t become belligerent. If you are nervous, police officers may think that you are hiding something or are intoxicated. Remaining calm and being polite are good ways to ensure that police officers do their job efficiently.
  • Clean out your glove box. Fumbling through these compartments to find your registration or insurance can be easily misinterpreted as intoxication. Keeping the glove box or center console neat and clean allows you to swiftly grab your identification and present it to a police officer.
  • Follow instructions without challenging the arresting officer. Be aware that any evidence found in your car could be used to support a DUI conviction. This includes open containers, drugs and paraphernalia.
  • Take the sobriety test. Many DUI/DWI defendants have been found not guilty due to a malfunctioning breath analyzing machine or an improperly administered blood or urine test. The truth is, you yourself may not know how intoxicated you are, so the breathalyzer might result in blood alcohol levels and concentration below the legal limit.
  • Get a blood test after release. Alcohol detection devices can be unreliable and malfunction.  It is a good idea to measure your BAC with a blood test after arrest. At trial, your attorney can use that evidence to raise possible defenses. This won’t work for driving impaired under the influence of cannabis, as BAC tests do not register the THC poisoning in your blood since it is deposited in the body’s fatty tissues such as the brain.
blood alcohol concentration - BAC, blood alcohol levels - BAL, cannabis, Crashes and Collisions, Drug-Impaired Driving, Drunk Driving, DUI/DWI/OWI/OWAI, DUID, DWAI, FARS, fatalities, Field Sobriety Tests, Legislative Affairs, marajuana, medical marijuana, NHTSA, Road Safety Research, traffic fatalities, Traffic Safety, Victims of DUI

4/20 = a DUI will hit your wallet

marijuana_USA_March_2019

April 20th is known to many as 4/20, or “Weed Day”.  People around the world are celebrating the unofficial marijuana holiday by gathering for rallies, smoke-outs, policy discussions and thousands of other weed-centric events. The legal US cannabis market is currently valued at over $10 billion; “green stocks” are publicly traded, reporting strong sales since Canada legalized pot and several US states voted to approve recreational and medical marijuana use.

Cannabis has also gone mainstream thanks to big investments and partnerships between marijuana sellers and blue chip consumer companies. Experts are projecting it could grow to $100 billion in the US, and $1 trillion globally in the next five years. although prices have been dropping as competition has increased now that more states are legalizing marijuana for both medical and recreational use.  These include the overall prices for products such as ingestibles, topical creams, vaporizers/vape pens and pre-rolled joints.

The ‘‘Agriculture Improvement Act of 2018″, referred to as the 2018 Farm Bill,  legalized the production of hemp as an agricultural commodity while removing it from the list of controlled substances.  Industrial hemp is not marijuana, although it is a different variety of the same species. The bill listed hemp as a covered commodity under crop insurance and directed the Federal Crop Insurance Corporation board to streamline the process for developing hemp policies, and requires the secretary of agriculture to conduct a study of the hemp-related agricultural pilot programs and other agricultural and academic research on the subject, to determine the economic viability of a domestic hemp market.

Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to over 30 states by 2017. In 2012, Colorado and Washington became the first states to legalize cannabis for recreational use. There still are no laws written specifically to address driving impaired while under the influence of cannabis and its associated products:

  • Marijuana is figuring into more fatal crashes overall. In 2013, drivers tested positive for the drug in about 10 percent of all fatal crashes. By 2016, it was 20 percent.
  • More drivers are testing positive for marijuana and nothing else. Of the drivers involved in fatal crashes in 2014 who tested positive for cannabinoids, more than 52 percent had no alcohol in their system. By 2016, it had grown to 69 percent.
  • The average age of drivers in deadly crashes in 2015 who tested positive for marijuana was nearly 35, with a quarter of them over 40.
  • In 2016, of the 115 drivers in fatal wrecks who tested positive for marijuana use, 71 were found to have Delta-9 tetrahydrocannabinol, or THC, the psychoactive ingredient in marijuana, in their blood, indicating use within hours, according to state data. Of those, 63 percent were over 5 nanograms per milliliter, the state’s limit for driving.

Both alcohol and marijuana can affect a driver’s ability to think and solve problems, coordination, reaction time, judgment, memory and mood. While science has figured out just exactly how alcohol impacts the body’s organs, systems and functions, the same cannot be said of cannabis. Results of field sobriety tests, including blood and urine sampling as well as breathalyzers, can tell if a driver’s blood alcohol level is over the legal limit. No test can tell whether a driver is too high to drive because of smoking or inhaling, popping pills, eating or vaporizing cannabis products. Unlike alcohol, the active ingredients that cause the cannabis high can remain detectable in the blood stream for days or weeks; unlike alcohol, the impairment does not wears off in a matter of hours, and no amount of food intake will change the effects. Law enforcement officials, prosecutors and public policy makers concede there’s still too little information about marijuana and how it is detected to understand just how much the drug is affecting traffic fatalities.

blood alcohol concentration - BAC, blood alcohol levels - BAL, cannabis, Crashes and Collisions, Drug-Impaired Driving, Drunk Driving, DUI/DWI/OWI/OWAI, DUID, DWAI, FARS, fatalities, Field Sobriety Tests, Legislative Affairs, marajuana, medical marijuana, NHTSA, Road Safety Research, traffic fatalities, Traffic Safety, Victims of DUI

Happy 4/20, Prepare for DUIs

420

Today, April  20th (4/20 or 420), is marjuana’s high holiday for the eight states and the District of Columbia that now allow recreational use of marijuana, and 30+ states that  allow its use for medical purposes.  There is even talk from Democrats about introducing a bill in Washington to remove marijuana from the federal list of controlled substances. But today, cannabis is still a controlled illegal substance at the Federal level, it is still illegal to transport cannabis products across state lines, still produces effects on driving that can lead to a DUI or DUID arrest, and it still incredibly difficult to standardize for safety and quality controls. Cannabis is the most phyto-chemically complex plant on the planet. It is an impossible task trying to ensure all plants, even of the same cannabis genotype, have all the same chemical profile.

Some might make the comparison between alcohol prohibition and cannabis, both Federal legislative measures prohibiting the production, importation, transportation and sale of related products on a national level. History has shown that lifting alcohol prohibition has not eliminated the abuse – and resulting consequences – that leads to impaired driving. According to the NHTSA, in 2016 there were 10,497 fatalities in motor vehicle traffic crashes involving drivers with blood alcohol concentration of .08 g/dL, the minimum legal limit for DUI nationwide for adults over 21. According to data from the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System,  the number of drivers involved in fatal crashes testing positive for marijuana rose 88 percent from 2013 to 2015. A Denver Post  analysis of data and coroner briefings report the number of drivers involved in fatal crashes in Colorado who tested positive for marijuana had risen sharply each year since 2013, more than doubling in that time; state law, however, does not require coroners to test deceased drivers specifically for marijuana use in fatal crashes.

Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to over 30 states by 2017. In 2012, Colorado and Washington became the first states to legalize cannabis for recreational use. Have roads in these states become more dangerous since the drug’s legalization in its various forms? The Post’s findings include:

  • Marijuana is figuring into more fatal crashes overall. In 2013, drivers tested positive for the drug in about 10 percent of all fatal crashes. By 2016, it was 20 percent.
  • More drivers are testing positive for marijuana and nothing else. Of the drivers involved in fatal crashes in 2014 who tested positive for cannabinoids, more than 52 percent had no alcohol in their system. By 2016, it had grown to 69 percent.
  • The average age of drivers in deadly crashes in 2015 who tested positive for marijuana was nearly 35, with a quarter of them over 40.
  • In 2016, of the 115 drivers in fatal wrecks who tested positive for marijuana use, 71 were found to have Delta-9 tetrahydrocannabinol, or THC, the psychoactive ingredient in marijuana, in their blood, indicating use within hours, according to state data. Of those, 63 percent were over 5 nanograms per milliliter, the state’s limit for driving.

Both alcohol and marijuana can affect a driver’s ability to think and solve problems, coordination, reaction time, judgment, memory and mood. While science has figured out just exactly how alcohol impacts the body’s organs, systems and functions, the same cannot be said of cannabis. Results of field sobriety tests, including blood and urine sampling as well as breathalyzers, can tell if a driver’s blood alcohol level is over the legal limit. No test can tell whether a driver is too high to drive because of smoking or inhaling, popping pills, eating or vaporizing cannabis products. Unlike alcohol, the active ingredients that cause the cannabis high can remain detectable in the blood stream for days or weeks; unlike alcohol, the impairment does not wears off in a matter of hours, and no amount of food intake will change the effects. Law enforcement officials, prosecutors and public policy makers concede there’s still too little information about marijuana and how it is detected to understand just how much the drug is affecting traffic fatalities.

Drug-Impaired Driving, Drunk Driving, DUI/DWI/OWI/OWAI, DUID, DWAI, fatalities, Victims of DUI, Wet Reckless

“Wet Reckless” same as “DUI”?

dui_vs_wetrecklessMost states have laws that prohibit prosecutors from reducing DUI charges for suspected drunk drivers. Under California law, however, a plea bargain can be negotiated for impaired drivers to  reduce DUI penalties in exchange for a guilty plea, or to reduce  charges from a DUI/DWI to wet reckless, even though there is technically no actual law on the books that defines what a “wet reckless” charge would be.  If you have been charged with a DUI, DWAI or OWI in Colorado, Florida, Texas or Wisconsin,  you may also be able to have the charge for driving impaired under the influence of drugs or alcohol reduced to wet reckless. In Washington State, DUI charges can be pleaded down to “Wet Negligent Driving” (Negligent Driving in the 1st Degree), which is a misdemeanor in that state.

A person suspected of driving under the influence may take advantage of a wet reckless charge when his or her blood alcohol content (BAC) is close to 0.08%. Prosecutors in states where plea bargains are permitted can also pursue a lesser charge of wet reckless if they have a weak case that can be lost at trial.  If someone pleads guilty to a wet reckless charge, they are pleading guilty to a charge of driving recklessly where a prosecutor may have stated for the record that alcohol or drugs were involved with the charge.  Other advantages of pleading guilty to a wet reckless:
–  Unlike a second and third DUI where progressive penalties become harsher, there are usually no mandatory sentencing enhancements for a wet reckless charge.
–  There is also a  shorter jail term associated with a wet reckless charge as compared to a charge of driving under the influence of drugs or alcohol
–  With a wet reckless charge, in most cases there is no automatic suspension of your license, although the DMV may still do so. Normally, in order for a person who is offered a wet reckless plea bargan to keep their license, they must win their DMV hearing.
–  Generally, the probation period for a first time DUI is anywhere from three to five years. The probation period for a wet reckless is generally one to two years.
–  Although the fines for a wet reckless charge are less than the fines associated with a DUI charge, the increased insurance rates and/or policy cancellations caused by either will be the same, as insurance companies treat DUI charges and wet reckless charges equally.

The consequences of a crash caused by an impaired driver are also the same, whether he or she is charged with a DUI or with wet reckless driving. The latest statistics available from the National Highway Traffic Safety Administration (NHTSA) report that in 2016, there were  10,497 fatalities in motor vehicle traffic crashes involving drivers with blood alcohol concentration, content or levels of .08  or higher.

blood alcohol concentration - BAC, blood alcohol levels - BAL, cannabis, Drug-Impaired Driving, DUID, Legislative Affairs, marajuana, medical marijuana

Another state where voters might support legalization of marijuana

 

While the cultivation, trafficking, sale, or possession of cannabis products is a crime in Illinois under the state’s Controlled Substances ActIllinois marijuana laws are rather lax. Possession of less than 2.5 grams of cannabis is a class C misdemeanor, punishable by a fine. Illinois also allows the use of medical marijuana for eligible patients as part of a pilot program slated to run through 2018; marijuana possession, use, cultivation, and sale remain federal crimes.

Marijuana laws are subject to rapid change at present. Although the trend has been toward decriminalization and even full legalization in several states, there are some states looking at significant change in legislative attitudes, such as the case in Illinois.

There is a ballot measure in Cook County — the nation’s second-most-populous county, which has more residents than 27 U.S. states — that sends a strong message to state lawmakers about ending cannabis prohibition. Approved by voters with a greater than two-to-one margin, the ballot question reads:

“Shall the State of Illinois legalize the cultivation, manufacture, distribution, testing, and sale of marijuana and marijuana products for recreational use by adults 21 and older subject to state regulation, taxation and local ordinance?”

 

Politicians are climbing aboard the cannabis-support bandwagon,  supporting both the legalization and taxation of recreational marijuana, which is estimated to generate as much as $700 million a year for the state.  Illinois Attorney General Republican nominee Erika Harold suggested officials should begin the process of methodically analyzing and negotiating appropriate safeguards and regulatory frameworks for the legal recreational use of marijuana – the state has already decriminalized medical cannabis. Few are asking voters to consider the ramifications of driving under the influence of marijuana (DUID), especially since the THC in cannabis – the main mind-altering ingredient found in marijuana and the chemical responsible for most of marijuana’s psychological effects – does not have the ability to raise your blood alcohol measurement. This is because THC does not remain in the blood but rather finds its home in the body’s fatty tissues like the brain. While in sufficient quantity, using cannabis products can increase your level of impairment, there is currently no scientific bases to create legal limits for marijuana impairment in the same manner blood alcohol concentration determines drunk driving. as used by law enforcement for BAC/BAL.
According to Herb, the website for cannabis news, THC is present in the blood for about 4 to 12 hours post-consumption. If you’re a heavy user, THC might hang out in your bloodstream for up to a few days. Effects, doses, metabolism, body weight, mind state, environment, blood sugar levels,  age, and certain other factors all affect these numbers, and each individual/every situation is unique. Thus, it is a driver’s responsibility to know when to engage in smoking, eating or inhaling cannabis products so that it doesn’t impair their ability to drive safely.
Did you get a DUI citation and need an online course? Visit us!
cannabis, Drug-Impaired Driving, Legislative Affairs, medical marijuana, Recreational marijuana

Nevada’s speedy route from cannabis legalization to sales

marijuana_piggybank_calculator
Recreational Marijuana Sales Begin July 1st – And An Ounce Won’t be Cheap!

July 1st is the target date for recreational marijuana to go on sale in Nevada, after votes approved a ballot measure in November to make it legal. This has been the fastest turnaround from the ballot box to retail sales of any of the states that have passed similar legislation. The Nevada Tax Commission approved emergency regulations with stricter labeling and packaging requirements aimed at protecting children by prohibiting edibles being modeled after any brand of product primarily marketed to children or bear likenesses of animals, fruits or cartoon characters. Great news for child advocates, but what about adults? Will there be any warnings about the effects cannabis products have on a driver or the consequences of driving impaired after smoking a joint or two? Driving stoned is still against the law – not even passengers can smoke or consume marijuana in a vehicle under Nevada law. A marijuana DUI could land you a fine of up to $1,000, a suspended license and even jail time.

Edibles like brownies and gummies tend to produce a longer and stronger high than smoked marijuana, and new packaging laws in Nevada will reflect that potency. Every edible will be required to have a label warning consumers that it could take up to two hours to feel the high.

The roll-out of marijuana sales will be greeted with a bumper – a crowded field of players jockeying for their piece of a very lucrative pie. First in line, the Nevada Department of Taxation, imposing a 10% percent tax on the sale of recreational marijuana. In Clark County, about 32% percent of what consumers will pay will be taxes that include the 15% percent excise tax on cultivation, rolled into the retail price. Applications were accepted in May for businesses wanting to grow, produce and sell recreational marijuana for licenses that will allow medical marijuana dispensaries to sell cannabis products to adults 21 and older. Distribution licenses are available to liquor wholesalers, medical marijuana companies and operating medical marijuana distribution companies. It will cost businesses $5,000 to apply for a license, plus an additional fee if the company is awarded a license. Additional fees include:

  • $20,000 for retail stores
  • $30,000 for cultivation facilities
  • $10,000 for production facilities
  • $15,000 for testing labs
  • $15,000 for distributors

 

Then there is the cost of the product to the consumer. According to the Coalition to Regulate Marijuana Like Alcohol,  when pot sales start on July 1st, the price of an ounce of smokable marijuana will be somewhere in the range of $350 to $450. One ounce of dried marijuana flower produces about 40 to 60 cigarettes.

Only currently licensed and operating medical marijuana establishments in good standing with the state were eligible to apply for retail, production, cultivation and testing licenses. Distribution licenses are available to liquor wholesalers, medical marijuana companies and operating medical marijuana distribution companies. After 18 months, distribution of the product could be open to other distributors.

Here are a few more things to know about launch of recreational marijuana sales in Nevada, courtesy of the Las Vegas Review Journal:

  • Dispensaries must be closed daily from 3 to 6 a.m.
  • Most cities in Nevada will begin sales July 1st. Henderson currently has imposed a 6-month moratorium on recreational marijuana licenses
  • The only difference between medical and recreational marijuana in Nevada will be the price at the sales counter.
  • Medical marijuana prices currently charged in Las Vegas for ⅛ ounce range from about $30 to $60. Several stores estimate recreational costs will be up to $80 for ⅛ ounce, and over $400 for an ounce of higher grade plant.
  • Both tourists and local residents can carry up to an ounce of marijuana and ⅛ ounce of concentrate – the same amount a person is legally able to buy beginning July 1st. However, smoking or consuming marijuana in public, on sidewalks or streets is not permitted, carrying a $600 fine. Marijuana use is banned on all gaming properties in the state. Tourists can’t smoke marijuana in hotel rooms or anywhere on resorts’ grounds.
  • The marijuana industry is entirely cash-based, and credit cards are not accepted.
  • Smoking marijuana will be allowed only in private residences.
  • Complaints about public consumption should be reported to 311 because it is considered a nonviolent crime. Officers will continue to give calls in which there is imminent danger a higher priority.
  • Stores can sell the inventory they have in-stock, but without a licensed distributor, no dispensary will be able to replenish its supply. Dispensary owners fear that they could run out of recreational products in weeks or even days since there is a distribution battle currently in play.

 

Drug-Impaired Driving, Drunk Driving, DUI/DWI/OWI/OWAI, DWAI, Repeat DUI offender

Drunk drivers reported driving impaired 80 times before their first arrest

According to Do Something, a global movement activating young people in every US area code and in 131 countries, on average, a drunk driver will drive 80 times under the influence before their first arrest. That equates to someone being killed in a drunk driving crash every 51 minutes in America alone.  Earlier this month in Colorado, a man notorious for driving drunk was sentenced to 10 years in prison when convicted of his eighth DUI.

The Daily News reported that Albano Bustillos, 53, was arrested on his first drunk driving charge over 20 years ago and has been picked up eight times since then. “In his most recent arrest, Bustillos had a blood alcohol level of .227.

Albano_Bustillos
Albano Bustillos 8x DUI arrests, now serving 10 years in prison – Weld County Sheriffs photo

He was found sitting in his car with his head down,” said Weld County (Colorado) District Attorney Rourke. In Colorado, drivers with a Blood Alcohol Concentration (BAC) of .17 or higher, even if it is the driver’s first offense, will be labeled a PERSISTENT DRUNK DRIVER (PDD) and
sentenced as strictly as a repeat-DUI offender.

In Colorado, DWAI (Driving While Ability Impaired) means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, affects the person to the slightest degree. A person DWAI is less able to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.  The Division of Motor Vehicles has the legal authority to suspend a driver’s license for DWAI regardless of any criminal charges a driver may face through the courts. These penalties, known as Administrative Penalties, can cause an automatic suspension of a driver’s license as well as fees and points, depending on the offense:

DWAI 1st Offense: 8 points toward license suspension; $200 to $500 fine; up to 180 days in jail; up to 48 hours community service.

DUI 1st Offense: Administrative license revocation for 9 months; $600 to $1,000 fine; up to 1 year in jail; up to 96 hours community service; alcohol education.

DUI/DWAI 1st offense under 21 years old: Drivers license suspended 3 months and 4 points added to driving record.

The penalties increase substantially for repeated offenses and, in some cases, you may be required to install an ignition interlock device on your car. The only way to challenge Administrative penalties is to request an alcohol hearing.

Alcohol Hearings

Drivers have seven days after receiving a revocation/suspension notice to request a hearing. You must go in person to the DMV to put in a request. You will also be required to turn over your license if you did not do so at the time of the violation. You may also be eligible for a temporary driving permit while you wait for your hearing.

An Arrest

  • If you fail the roadside sobriety test, which could entail anything from standing on one leg while answering a barrage of questions to touching your nose and walking a straight line, you will be read your rights.
  • You will be handcuffed and taken to a city or county jail.
  • A tow truck will take your car and impound it.

Criminal Penalties

The Colorado Department of Transportation’s HEAT IS ON brochure states that 30,000
motorists are arrested for impaired driving in Colorado each year at a cost of $10,270  for a first-offense DWAI:  $10,000 including lawyer fees, rising insurance rates, fees to get a license back, probation supervision fees, all the way down to the brain injury surcharge and court costs. This figure is based on the minimum fine.

It is easy to see that drinking and driving is not worth any cost.

Drug-Impaired Driving, Drunk Driving, DUI/DWI/OWI/OWAI, Holiday Travel, Sobriety Check Points

A time to remember the fallen from DUIs and DUIDs.

graveyard

Today is Memorial Day, when we honor the men and women who died while serving in the U.S. military. The presidential proclamation for the commemoration emphasizes the meaning behind the holiday:

Memorial Day is our nation’s solemn reminder that freedom is never free. It is a moment of collective reflection on the noble sacrifices of those who gave the last measure of devotion in service of our ideals and in the defense of our nation. On this ceremonious day, we remember the fallen, we pray for a lasting peace among nations, and we honor these guardians of our inalienable rights.

Memorial Day is also a time to remember the fallen at the hands of drunk and drugged drivers – DUI/DWI/OWI and DUIDs. Car accidents kill more people than wars do, except for the Civil War where 620,000 soldiers lost their lives in battle. Every 53 minutes in America someone is killed in a drunk driving crash – that amounts to 28 people who die every day in motor vehicle crashes that involve a driver under the influence of drugs or alcohol with annual costs of alcohol-related crashes totalling more than $44 billion. The Centers for Disease Control and Prevention (CDC) give us more somber facts to contemplate as we celebrate the official kickoff of summer:

 

  • In 2014, 9,967 people were killed in alcohol-impaired driving crashes, accounting for nearly one-third (31%) of all traffic-related deaths in the United States.
  • Of the 1,070 traffic deaths among children ages 0 to 14 years in 2014, 209 (19%) involved an alcohol-impaired driver.
  • Of the 209 child passengers ages 14 and younger who died in alcohol-impaired driving crashes in 2014, over half (116) were riding in the vehicle with the alcohol-impaired driver.
  • In 2014, over 1.1 million drivers were arrested for driving under the influence of alcohol or narcotics. That’s one percent of the 121 million self-reported episodes of alcohol-impaired driving among U.S. adults each year.
  • Drugs other than alcohol (legal and illegal) are involved in about 16% of motor vehicle crashes.
  • Marijuana use is increasing and 13% of nighttime, weekend drivers have marijuana in their system.
  • Marijuana users were about 25% more likely to be involved in a crash than drivers with no evidence of marijuana use, however other factors – such as age and gender – may account for the increased crash risk among marijuana users.

Law enforcement around the country are targeting drunk and drugged drivers on this first holiday weekend of the summer driving season, and local police, sheriffs and highway patrol officers are on full alert. So if you celebrate Memorial Day by getting drunk or high, please don’t get behind the wheel. There are so many ways to get home safe – call a taxi, get a sober friend or family member to drive you home, schedule a ride-share service, or crash on the sofa.

 

 

Drug-Impaired Driving, Drunk Driving, DUI/DWI/OWI/OWAI, Holiday Travel

#MemorialDay – Countdown to 100 Deadliest Days

NHTSA_QuickFacts_Fatalities_2013-2015

According to National Highway Traffic Safety Administration (NHTSA), between 2013 and 2015,  92,424 fatal crashes occurred resulting in 100,729 fatalities and 7,094,000 injuries. At certain times of the year, such as holidays and summertime, the numbers spike with a higher volume of road travelers, including a significantly higher number of alcohol-impaired drivers, causing nearly twice the number of automotive deaths during summer months than during the rest of the year combined. The summer and early fall are the most dangerous times of year on the nation’s roads, according to an Insurance Institute for Highway Safety (IIHS) analysis. Two important holidays fall within this timeframe for increased travel – Memorial Day and Labor Day. This period is often referred to as the 100 Deadliest Days for teens,  summer vacation for most students and the time most will drink and drive. Fatalities also are higher on weekends and in the late afternoon and evenings. The trends reflect the fact that Americans drive the most miles during the warm summer months. Weekends and certain holidays with increased alcohol consumption also see spikes in deaths.

Traveling on a major holiday is risky for many reasons. In general, there are more people on the roads, and drivers may be navigating areas beyond their regular commuting routes. There’s a high incidence of alcohol use, which sharply raises the risk of crashing.  IIHS Research and Statistical Services

Delays
With almost 40 million people sharing the roads, skies and buses, best plan for delays

According to the AAA annual forecast, 39.4 million people are expected to travel more than 50 miles from their homes  over the Memorial Day weekend, the highest in 12 years. Of these, 34.6 million Americans (88.1 percent of travelers) will drive to their destinations, an increase of 2.4 percent over last year. But Memorial Day weekend is not the most fatal for drivers. According to IIHS, on average, more people die in motor vehicle crashes on Independence Day than any other day of the year, with motorcycles and alcohol both being big contributors to the Fourth of July toll. In an analysis of the five most recent years of available fatal crash data indicates, IIHS researchers found that each year on the Independence Day holiday in the U.S., an average of 118.4 lives are lost in crashes, making it the most consistently deadly day of the year across the five-year study period. This is 28 more deaths than the overall average daily toll during 2010-14. The second worst day for crash deaths during 2010-14 was January 1, with an average toll of 118.2 deaths – almost as high as the Fourth of July.

Alcohol is a factor in a greater proportion of crash deaths on both July 4 and January 1. Forty-seven percent of the deaths on July 4 and 62 percent on January 1 involved at least one driver, pedestrian or bicyclist with a blood alcohol concentration (BAC) of at least 0.08g/dL. The average across all days in these years was 35 percent for deaths in crashes involving alcohol.

 

 

cannabis, Drug-Impaired Driving, Legislative Affairs

Greenbacks – dollars from marijuana cultivation to the rescue of dying towns

Greenback_movement_blogentry

The Greenback Movement has resurfaced in California, giving new meaning to currencies. As the largest grower and consumer of marijuana in the country, California is in the midst of a booming business that has brought prosperity and needed revenue to dying towns. Take Adelanto, for example, brought back from the verge of bankruptcy by tax revenues from the marijuana industry. Commenting on marijuana grow operations discovered in his city, Mayor Richard Kerr stated that they were dealing with medical marijuana cultivation on a legal basis and would not tolerate illegal operations in the city.  And legal they made it, passing City Ordinance 545 that sanctions large-scale commercial cannabis cultivation.  By jumping on the bandwagon of transforming the most populous state in the US and one of the world’s largest economies into a new epicenter for cannabis, Kerr and other city officials passing ordinances that legalize the cultivation of cannabis hope to fatten their coffers by bringing in this new-found base for tax revenue. According to a local newspaper story, cultivators could churn out roughly 50,000 pounds of marijuana up to six times a year at cultivation centers like the ones envisioned for Adelanto.

Known as the jail town of the high desert, Adelanto has four prisons within the city limits that house some 3,340 county, state and federal inmates, with another prison soon to be built.  Adelanto’s take each year from prison-related revenue amounts to $160,000. City planners estimate that the larger facilities in this nascent marijuana industry should bring in taxes of about $75,000 every three months, with total tax revenue reaching $12 million by the end of the year.

So far, 43 cultivation permits have been approved, and land prices have sky-rocketed, which will bring in additional revenue in the form of property taxes. Investors and cultivators have been told they need not fear raids since they would be complying with city and state laws. But what about federal laws?  Despite states passing laws regarding the legalization of cannabis for medical and recreational use, the drug is still illegal under federal law, it is still illegal to transport cannabis across state lines, and it is still a crime to drive under the influence of marijuana. The federal government regulates drugs through the Controlled Substances Act (CSA) (21 U.S.C. § 811), which does not recognize the difference between medical and recreational use of cannabis. These laws are generally applied against persons who possess, cultivate, or distribute large quantities of cannabis, but federal agencies still have the prerogative to seize property on which pot is grown, levy fines and even send people to prison.

The CSA classifies every drug, and under federal law, cannabis is treated like every other controlled substance, such as cocaine and heroin. Tetrahydrocannabinol (THC, marijuana) is a CSA Schedule 1 drug with a high potential for abuse (i.e. is highly addictive) and with no currently accepted medical use in treatment in the United States. Additionally, there is a lack of accepted safety for use of the drug under medical supervision let alone individual use. Scary thoughts for those of use having to share the road with drugged drivers.