Perspective on DUI Laws

Discussion in 'Off-topic' started by Taler, Feb 2, 2007.

  1. Taler

    Taler New Member

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  2. Rammstein

    Rammstein New Member

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    Thanks for posting that Taler.

    For something equally repugnant, did you know that Georgia has Zero Tolerance per se drugged driving laws?

    Source
     

  3. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Not Quite

    I think that if you are driving with a trace amount of some LEGAL drug, that is, one for which a prescription is available, the State must prove that the drug caused actual impairment. That is, you must have been seen driving badly, or you must have failed the field sobriety test.

    Strangely, this has been applied to MARIJUANA also, on the theory that it can be somehow legally obtained in Georgia. I don't know how that is, but there's a court case that threw out a driver's "DUI-Drugs - per se" conviction because the State only showed THC in the driver's system, and did not also show impairment from it.
     
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Citation

    See O.C.G.A. 40-6-391 (the DUI law), subsection (b), which says:
    The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use.


    The famous case applying the doctrine above to marijuana is LOVE v. STATE, 271 Ga. 398 (or 517 S.E. 2d 53), Georgia Supreme Court, 1999.

    Of course this doctrine does not apply to drugs like cocaine or methamphetamine, which cannot be lawfully consumed in this state. It only applies to prescription drugs, some of which are "controlled substances" and some of which are merely "dangerous drugs."
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  5. Rammstein

    Rammstein New Member

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    Re: Not Quite

    There is a tax imposed on cannabis in the state of Georgia. § 48-15-3.

    Interestingly enough, in 48-15-4 the text says "Nothing in this chapter shall require persons who are lawfully in possession of marijuana..."