Pubdate: Sun, 27 Apr 2014
Source: Voice, The (New Baltimore, MI)
Copyright: 2014 Journal Register Company
Contact:  http://www.voicenews.com/
Details: http://www.mapinc.org/media/5146
Author: Jeri Packer
Bookmark: http://www.mapinc.org/find?224 (Cannabis and Driving)

NEW LAWS INTRODUCED TO KEEP DRUGGED DRIVERS OFF THE ROAD

New Legislation Regarding Doped Up Drivers May Lead to Stiffer 
Penalties and Safer Roads.

St. Clair County Prosecuting Attorney Mike Wendling testified 
recently before state legislators to support a new bill that aims to 
help keep repeat drugged drivers off the roads. Michigan State Police 
Sgt. Dewayne Gill also testified in support of the legislation, 
according to a press release from the office of State Rep. Dan 
Lauwers, who is sponsoring the bill.

"Any legislation to prevent more tragedies like this from happening, 
we are in favor of," said St. Clair County Sheriff Donnellon. "We 
appreciate the efforts of Representative Lauwers in introducing this 
legislation and look forward to Sen. Pavlov working to get it through 
the Senate."

Lauwers cited a car crash that led to the death of Russell Ward and 
Koby Raymo, both of Avoca, last year when they were killed in a car 
accident in St. Clair County. According to the sheriff's report, Lisa 
Bergman crossed the center line in her pickup truck on July 20, 
causing a head-on collision.

Bergman's blood later tested positive for controlled substances, 
according to the report. It also showed she had been pulled over six 
times since 2008 for operating under the influence of drugs. At the 
time of the accident, she had two pending cases.

The law is clear for drivers who have taken the wheel while 
intoxicated on alcohol, but the lines blur when it comes to an 
impaired motorist on drugs.

"Drugged driving has unfortunately become a new challenge for our 
communities and law enforcement, and we must take steps to address 
the problem to help improve the safety of Michigan motorists," said 
Lauwers, R-Brockway Township. "We're replicating the way the state 
deals with drunken drivers to more effectively get those motorists 
under the influence of drugs off the streets."

House Bills 5383-85 place a conditional bond on drivers who are 
arrested for operating under the influence of drugs. It also allows 
law enforcement to enter a pending chemical analysis and bond into 
the Law Enforcement Information Network or LEIN to alert other 
officers around the state. It would also require motorists who fail a 
roadside chemical sobriety exam to be given a permit license similar 
to a drunken driving offense, according to a recent press release 
from Lauwers' office.

"A saliva test represents the next generation of technology that 
officers could have at their disposal to keep people safe, but it's 
important to point out that there must be probable cause," Lauwers 
said. "No motorist will be stopped unless they're driving erratically first."

Making the lines more difficult to define, medical marijuana 
advocates are standing up for citizens' rights to use the substance 
for medical issues. Lauwers said some have mischaracterized the 
legislation, specifically as it pertains to a saliva test to detect 
certain drugs. To prevent the test from being used against those 
using cannabis for medicinal reasons, he said the new saliva test 
would not be used statewide until it is thoroughly reviewed.

A report from the St. Clair County Sheriff's Office stated that 
Michigan had the 12th highest rate of drugged drivers in the country 
from 2006 to 2009, according to the Substance Abuse and Mental Health 
Services Administration. Fatal crashes involving marijuana use 
tripled nationally during the previous decade, according to Columbia 
University's Mailman School of Public Health, also in the report. 
Marijuana use alone contributed to 12 percent of 2010 crashes, 
representing a 300-percent increase compared to 1999.

Lauwers said the legislation was not meant to target law-abiding 
drivers - just drivers who may be endangering the lives of other, 
unsuspecting drivers on the roads. The bill ensures immediate jail 
time for repeat offenders and improved communication between law 
enforcement agencies.

"I don't care what motorists are on, even a cell phone, if you're 
driving in an unsafe way you should be pulled over," he said. "A 
saliva test could be just one of the tools used by police officers in 
the future, but the test won't be used throughout Michigan unless it 
is approved by the State Police."

The bills remain under consideration in the House Judiciary Committee.
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MAP posted-by: Jay Bergstrom