As marijuana is growing increasingly acceptable– with several states and locales decriminalizing it, more passing medical marijuana legislation, and a few legalizing it altogether—cops are scrambling for a way to enforce “driving while high” laws. But as of yet, they simply don’t have a solid method of testing someone for being under the influence of marijuana. One Swedish-designed device is being touted as a potential solution, but it has (at least) one serious flaw.
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How Careless Drivers Attract Attention (and DUI Arrests)
Overly aggressive cops aren’t always to blame when someone is pulled over on suspicion of DUI. In fact, some drivers practically beg for attention from law enforcement. Perhaps the best known error is driving around in a car with a broken tail light. Once the cops see one, they’ll watch you much more closely to see if there’s another, more compelling reason to pull you over. [Read more…]
Mass AG Says Towns Can’t Ban Marijuana Dispensaries
As soon as Question 3 became law January 1 (and likely before), towns opposed to the medical marijuana law were busy scheming on how they could stop the move of medical pot into their town. Several banned dispensaries outright. But this week those towns got the bad news from Attorney General Martha Coakley—that an all-out ban on dispensaries is not permissible. [Read more…]
Man Facing Child Endangerment Charge under Melanie’s Law
A recent news story from Sturbridge highlights the seriousness with which lawmakers treat DUI charges involving children. A 24-year-old man from Southbridge is facing child endangerment charges after police arrested him with an open container of Four Loko with a 4-year-old boy inside of his vehicle at about 10:30 p.m. Another adult was reportedly in the vehicle but has not been charged with a crime.
Snowplow Driver Convicted of Drunk Driving
Large snowstorms like this past weekend’s blizzard keep people off the roads, and therefore there usually aren’t many drunk driving arrests. Except of course, drunk plow drivers. [Read more…]
Mass SJC Recommends Changes to Court Procedures in OUI Cases
By Mikaela Slaney, Drugpossessionlaws.com staff reporter
In reaction to claims the state’s acquittal rating when defendants waive their right to a jury is higher than the average, the Massachusetts Supreme Judicial Court (SJC) is now imposing recommendations on the court system that may negatively impact defense attorneys practicing in Worcester County and statewide.
The SJC referred to a year-long study of the court system conducted by special counsel Jack Cinquegrana that found that juries acquit drunk driving defendants 58 percent of the time while judges acquit 86 percent of the time, according to the Boston Globe. [Read more…]
