DUI Ontario

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Beaches Compassion

Active Member
My sisters husband got busted by the popo with her MMJ in the truck and was charged with DUI. He is not licensed.

there was a urine test done a few days ago when the popo brought him back to the station after getting into an accident (no one was hurt)

Question - even though he wasn't actively smoking it when he got in to an accident quite likely he would have tested positive due to exposure of her second hand MMJ smoke - does anyone know how long these popo tests take to come back and if they test levels of MMJ.

What other drugs could they test for and how long does it take to come back?
Would the popo do anything more if they found more then just MMJ in his system?
There is a court date soon - would they speak about the results in the court room or do you get a heads up if they found anything else in the system?

Just curious if anyone had some insight.
 
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gb123

Well-Known Member
he would have had to of failed tests to be charged with DUI...
as he was only under MMJ ..he should have passed.
If he was tested for MMJ... its meaningless, there's no set amount of THC that can or cannot be in your system.


thats's all going to change.....

but this person should get off after alls said and done...but it'll cost him a pretty penny no doubt!!!!

This is the NEW deal...that and taking licenses away... just in case.. Oh yer gonna hear people scream about this one.
 
VIANARCHRIS

VIANARCHRIS

Well-Known Member
I'm not a lawyer, but here is my take. They have to PROVE impairment, #1, and a simple blood test is not a valid measure. The only evidence they have is if he failed a roadside test...walking a line, following the pen, etc. By your question of what other drugs do they test for( all of them, btw) it sounds like he may have been under the influence of something other than mmj? All information collected by the crown must be disclosed to the defendant. Tell him to get a lawyer.....
 
ricky1lung

ricky1lung

Well-Known Member
was he released and then arrested and taken to the station or taken directly from the accident to the clink?
 
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Gmack420

Well-Known Member
Beaches Compassion said:
he was taken to the station charged and then released. at the station i think there was a urine test done.
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So he was it arrested at the same time as the accident? Did the police have him conduct in field sobriety test such as balance and cognitive impairment test? If not he's gonna walk. Whatever's in his pisss won't matter much. No way to prove impairment for pot other then the field test. If they weren't done then conviction is unlikely. The crown has to prove impairment at the time he was driving.
 
sunni

sunni

Administrator
Staff member
i thought you could not drive while impaired on prescription medications like i know some really zone you out, when my mom got hers the doctor told her she could not drive, and it even said on the label not to drive
 
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gb123

Well-Known Member
you cant drive while impaired...if you pass the tests. You are not impaired.

If it says DO NOT DRIVE.... that's straight forward. Not within 4 hours..or more. She'd have to ask
 
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Gmack420

Well-Known Member
sunni said:
i thought you could not drive while impaired on prescription medications like i know some really zone you out, when my mom got hers the doctor told her she could not drive, and it even said on the label not to drive
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You can be charged with impaired driving for being too tired to drive. As gb says pass the test and you're not impaired. Fail and even if your sober you're impaired.
 
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CannaReview

Well-Known Member
My buddy was pulled over and his gf was driving. Cop said he smelt weed. By buddy had a valid MMA and was smoking in the car. Since he was legal the cop then wanted to get his gf for DUI. Anyways wasn't going good until another cop showed up and he knew my buddies family and convinced the original cop to let them go.
 
sunni

sunni

Administrator
Staff member
Gmack420 said:
You can be charged with impaired driving for being too tired to drive. As gb says pass the test and you're not impaired. Fail and even if your sober you're impaired.
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right so if you fail while heavily misusing your prescription drugs you cannot get out of it right?

so that means this quote below,that it isnt okay to drive wasted on opiates!
doingdishes said:
yeah...it's OK to drive around while wasted on opiates but don't you dare have demon weed in your system!
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i was under the impression if you take drugs prescription or over the counter like gravol say, it says not to drive or operate heavy machinery

i personally think no matter what it is alcohol, gravol, drugs, marijuana you shouldnt be driving its too unpredictable on the roads, you never know how youre going to react to someone elses bad driving or even if you make a mistake yourself

as for OP i say get a good lawyer mate...
 
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Gmack420

Well-Known Member
sunni said:
right so if you fail while heavily misusing your prescription drugs you cannot get out of it right?

so that means this quote below,that it isnt okay to drive wasted on opiates!


i was under the impression if you take drugs prescription or over the counter like gravol say, it says not to drive or operate heavy machinery

i personally think no matter what it is alcohol, gravol, drugs, marijuana you shouldnt be driving its too unpredictable on the roads, you never know how youre going to react to someone elses bad driving or even if you make a mistake yourself

as for OP i say get a good lawyer mate...
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Comes down to your interpretation of "wasted" to me that would mean impaired and yes that would be illegal even if the drugs were legally prescribed. But there are people out there with huge opioid tolerances. So what gets you high may not to another. I no longer get impaired by my use. If I'm only using weed I can and have always passed the test. Throws cops for a loop when you're under the influence but not impaired. Expect this part of the DUI laws to change. Active thc in your blood will no doubt matter just as b.a.c. Counts now.
 
sunni

sunni

Administrator
Staff member
Gmack420 said:
Comes down to your interpretation of "wasted" to me that would mean impaired and yes that would be illegal even if the drugs were legally prescribed. But there are people out there with huge opioid tolerances. So what gets you high may not to another. I no longer get impaired by my use. If I'm only using weed I can and have always passed the test. Throws cops for a loop when you're under the influence but not impaired. Expect this part of the DUI laws to change. Active thc in your blood will no doubt matter just as b.a.c. Counts now.
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they need to come up with a better test for marjiuana imho, something that allows them to know if it was smoked recently rather than 28 days ago
ya know?
like a breathalyzer for marijuana or something the way they can tell if youre drunk or over the drinking limit

i think that would solve a problem
 
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