1 / 167

DRUGGED DRIVING

DRUGGED DRIVING. Hon. Peggy Fulton Hora Judge of the Superior Court (Ret.). “Huffing” not OWI. Operating while intoxicated ( OWI ) is limited to alcohol or drugs An “intoxicant” is limited to a controlled substance, a controlled substance analog, or a drug

kali
Download Presentation

DRUGGED DRIVING

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. DRUGGED DRIVING Hon. Peggy Fulton Hora Judge of the Superior Court (Ret.)

  2. “Huffing” not OWI • Operating while intoxicated (OWI) is limited to alcohol or drugs • An “intoxicant” is limited to a • controlled substance, a controlled substance analog, or a drug • DFE (air spray can propellant) doesn’t fit statute • Wisconson v. Torbeck (2012 )Wisc. App. LEXIS 617

  3. Learning Objectives As this result of this session, the judge will be able to: • identify important elements in a drugged driving case; • rule on unique legal issues that arise in these cases; and, • effectively craft sentences to reduce drugged driving and increase public safety

  4. Scope of the problem

  5. More Drugging and Driving than Drinking and Driving • More drivers tested positive for drugs that may impair driving (14 percent) than did for alcohol (7.3 percent). • Of the drugs, marijuana was most prevalent, at 7.4 percent, slightly more than alcohol CA OTS Roadside Survey Nov. 19, 2012

  6. In a Nutshell • 1:8 weekend, nighttime drivers test positive for illicit drugs • 1:3 (33%) drivers killed in traffic crashes who were tested, and their results reported, tested positive for drugs NHTSA

  7. Drivers under 25 • 1:4 (23%) of fatally injured drivers who tested positive for drugs were under the age of 25. • Almost half (42%) of fatally injured drivers who tested positive for marijuana were under the age of 25. • NHTSA

  8. The percentage of mortally wounded drivers who later tested positive for drugs rose 18 percent between 2005 and 2011 “Stoned driving epidemic puts wrinkle in Marijuana debate,” AP (Mar. 18, 2012)

  9. 1/3 deaths + for drugs • 33% of all drivers with known drug-test results who were killed in motor vehicle crashes in 2009 tested positive for drugs (illegal substances as well as over-the counter and prescription medications • According to the Fatality Analysis Reporting System (FARS),

  10. Teen drivers • Over 12% of high school seniors admitted to driving under the influence of marijuana in the 2 weeks prior to the Monitoring the Future survey “Drugged driving,” NIDA Infofacts, (2010)

  11. True or False? • Marijuana is the most common illicit drug in DD cases. • TRUE

  12. Of the 16.3% of drivers positive for drugs, 11.3% were positive for illegal drugs, 3.9% for medications and 1.1% for both illegal drugs and medications. The most common illegal drugs were cannabis (8.6%), cocaine (3.9%) and methamphetamine (1.3%) NHTSA

  13. Drugs other than alcohol (e.g., marijuana and cocaine) are involved in about 18% of motor vehicle driver deaths. These other drugs are often used in combination with alcohol • "State of Knowledge of Drug-Impaired Driving,“ NHTSA 2003

  14. What drugs? Most common were marijuana and stimulants (cocaine and amphetamines) ¼ were positive for marijuana ~¼ stimulants May not be causal e.g., people who use drugs may drive more dangerously • Voas, Robert B., Ph.D., Journal of Studies on Alcohol and Drugs (July 2011)

  15. Tip of the Iceberg • Every state reports BAC in fatal crashes • Only 20 states test for and report illicit drugs

  16. Governors Hwy Safety Assn. The new GHSA policy, adopted Sept. 28, 2011 encourages states to: * Amend statues to provide separate and distinct sanctions for alcohol and drug-impaired driving; * Develop standard protocols or procedures for drug testing labs to use in identifying drugs that impair driving; * Provide increased training to law enforcement on identifying drugged drivers utilizing approaches such as the Advanced Roadside Impaired Driving Enforcement (ARIDE); * Increase the testing and reporting of drug testing information on fatally injured drivers; and * Provide increased training to prosecutors to help in successful prosecution of  drug-impaired drivers. GHSA, Sept. 28, 2011

  17. 2010 Nat’l Drug Control Strategy Goal to reduce drugged driving in the United States 10% by the year 2015 Preventing drugged driving a national priority on par with preventing drunk driving • Encourage states to adopt per se drug driving laws, • Collect further data on drugged driving. “Drugged Driving,” ONDCP

  18. Drug Control Strategy, cont. • Enhance prevention of drugged driving by educating communities and professionals, • Provide increased training to law enforcement on identifying drugged drivers, and • Develop standard screening methodologies for drug testing laboratories to use in detecting the presence of drugs

  19. New ad campaign • ONDCP and MADD launched a new information campaign calling on parents to become more aware of this dangerous trend of teens and drugged driving • “White House and MADD join forces against drugged driving,” CNN 10-13-11

  20. United Nations •  Recognizes the importance of a coordinated approach to addressing the health and public safety consequences of drugged driving, through evidence based research and collaborative efforts • United Nations Office on Drugs and Crime, 2011 Session of the Commission on Narcotic Drugs (CND), Resolution 54/2

  21. How drugs affect driving

  22. Behavioral domains relevant to driving • Alertness and arousal • Attention and processing speed • Reaction time and psychomotor functions • Sensory-perceptual functions • Executive functions NHTSA (2009)

  23. Marijuana vs. Stimulants • Marijuana linked to speeding and seatbelt non-use • Stimulants linked to all types of crash fatalities • When someone uses alcohol and another drug, alcohol is main reason for impairment • Alcohol is still the largest contributor to fatal crashes “Deadly Drugged Driving: Drug Use Tied to Fatal Car Crashes,” SceinceDaily(June 23, 2011)

  24. How does MJ affect driving?

  25. Marijuana studies delta-9-tetrahydrocannabinol (THC ) affects areas of the brain that control the body’s movements, balance, coordination, memory, and judgment, as well as sensations “Drugged driving,” NIDA Infofacts, (2010)

  26. Marijuana studies, cont. A meta-analysis of approximately 60 experimental studies—including laboratory, driving simulator, and on-road experiments—found that behavioral and cognitive skills related to driving performance were impaired with increasing THC blood levels “Drugged driving,” NIDA Infofacts, (2010)

  27. Marijuana studies, cont. • Evidence from both real and simulated driving studies indicates that marijuana can negatively affect a driver’s attentiveness, perception of time and speed, and ability to draw on information obtained from past experiences “Drugged driving,” NIDA Infofacts, (2010)

  28. Marijuana studies, cont. • Research shows that impairment increases significantly when marijuana use is combined with alcohol • Studies have found that many drivers who test positive for alcohol also test positive for THC, making it clear that drinking and drugged driving are often linked behaviors “Drugged driving,” NIDA Infofacts, (2010)

  29. Marijuana studies, cont. • A study of over 3,000 fatally injured drivers showed that when marijuana was present in the blood of the driver, he or she was much more likely to be at fault for the accident. • The higher the THC concentration, the more likely the driver was to be culpable “Drugged driving,” NIDA Infofacts, (2010)

  30. Marijuana studies, cont. • driving after smoking marijuana might almost double the risk of being in a serious or fatal crash. • NIDA says an easy-to-use roadside saliva test that can determine recent marijuana use — as opposed to long-ago pot use — is in final testing stages and will be ready for police use soon. “Stoned driving epidemic puts wrinkle in Marijuana debate,” AP (Mar. 18, 2012)

  31. Marijuana studies, cont. • Eight of the nine studies found drivers who use marijuana are significantly more likely than people who don’t use marijuana to be involved in motor vehicle crashes. • MJ users more than 2xs more likely to be involved in a crash • “Marijuana Use By Drivers Linked With Increased Risk of Motor Vehicle Crashes,” Join Together, Oct. 7, 2011

  32. Latest research • Driving under the influence of cannabis almost doubles the risk of a serious crash • Risk is substantially higher if the driver is aged under 35 • Overview of nine previously-published papers which looked at more than 49,000 people • These investigations were deemed to be of high quality because the driver had given a blood sample after the accident or admitted to smoking cannabis prior to the crash British Medical Journal 2/12

  33. “Recent use”? • A recent study found that among chronic cannabis users, performance on driving related tasks was affected as much as three weeks after drug use was stopped. Psychomotor Function in Chronic Daily Cannabis Smokers during Sustained Abstinence (2013) Wendy M. Bosker, Erin L. Karschner, Dayong Lee, Robert S. Goodwin, JussiHirvonen, Robert B. Innis, Eef L. Theunissen, Kim P. C. Kuypers, Marilyn A. Huestis, Johannes G. Ramaekers. PLOS ONE 10.1371/journal.pone.0053127

  34. What about “medical” MJ?

  35. “Medical” Marijuana Sale

  36. “Spring Compassion Special”

  37. My 420 Tours

  38. “Colorado Locals Start Marijuana Tourism Business” • sets travelers up in "pot-friendly" hotels • takes them on tours of marijuana dispensaries • secures tickets to pot-related events • First tour sold out

  39. Aging Boomers

  40. “Huffing” not OWI • Operating while intoxicated (OWI) is limited to alcohol or drugs • An “intoxicant” is limited to a • controlled substance, a controlled substance analog, or a drug • DFE (air spray can propellant) doesn’t fit statute • Wisconson v. Torbeck (2012 )Wisc. App. LEXIS 617

  41. Rx and O-T-C Drugs • Driving impairment can also be caused by prescription and over-the-counter drugs

  42. Use of Rx drugs • Almost 70 percent of Americans take at least one prescription medication Join Together, June 20, 2013

  43. Drugged Driving Illicit use of Rx pain medication is second only to marijuana as the most commonly used illicit drug on a college campus now. Young women were more likely than young men to use Rx medication but young men were more likely to divert their prescriptions to contemporaries. McCabe, SE, et al., “Illicit use of prescription pain medication among college students,” Drug and Alcohol Dependence, 77:37-47, 2005

More Related