NTSB Report on Bill Phillips' Accident
"Ron Wanttaja" wrote in message
...
Let me try to put it simpler. If I get pulled over by the cops and my
blood test shows "... 0.055 (ug/ml, ug/g) diazepam, 0.031 (ug/mL, ug/g)
dihydrocodeine, doxazosin, 0.152 (ug/ml, ug/g) hydrocodone, and 0.094
(ug/ml, ug/g) nordiazepam," is this a level at which the courts would
consider me impaired?
Ron Wanttaja
It would vary by state but the sub therapeutic levels would weigh at trial.
Utah has a statute - driving while impaired - meaning that a hard limit
isn't necessary for conviction. There is a second statute for driving over
the limit RE alcohol. Most state don't enumerate a fixed limit on drugs.
Mere presence with evidence of impairment is significant for arrest. In
Utah's case being under the 0.08% isn't a guarantee of acquittal in a DWI
case. If the prosecutor can show evidence that the driver was impaired they
can still obtain a conviction. Likewise with drugs. The key is often the
dash camera.
The flip side of the coin is how long drugs remain in the system even after
the effects may no longer be present. THC remains detectable for a very long
period of time. Its presence can be found in hair for weeks. Certain drugs
can give false positives for others in quantity. I had a 78 year old lady as
a patient a few years ago. She essentially overdosed herself on
dextromethphorothan. Her Urine tox came back positive for PCP! We sent a
second specimen to verify and it was positive again. Called poison control
and they verified that the cough syrup gives a false positive for PCP. This
raises question regarding when the meds were taken.
Guess in the long run we'll need to wait for the NTSB final. The dissection
of the chain of events will be a lesson.
tom c
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