It’s not unusual to hear from a client that the police didn’t test the defendant following a collision. Usually, if the person reeks of alcohol there is a test, but are there other cases that are caused by usage that aren’t being uncovered.
Fairwarning recently wrote about a study that had startling finding concerning drug use with single car deaths:
Among those victims, 22.7 percent tested positive for marijuana and related substances, 22.5 percent for stimulants, 14.9 percent for multi-drug combinations and 9.3 for narcotics.
By comparison, 37 percent of the victims had blood alcohol levels over the .08 legal limit. Another 5 percent showed lower levels of alcohol, and 58 percent had no alcohol in their systems.
These cases all involve deaths, so the autopsy will uncover the information. Since they are single car collisions it seems that a very clear connection can be made with the death and the ability to properly drive.
Hopefully, this information will lead to better investigations and maybe even make more states look at zero tolerance laws for all drug use.
A founding partner with Bradshaw & Bryant, Mike Bryant has always fought to find justice for his clients—knowing that legal troubles, both personal injury and criminal, can be devastating for a family. Voted a Top 40 Personal Injury "Super Lawyer" multiple years, Mr. Bryant has also been voted one of the Top 100 Minnesota "Super Lawyers" four times.
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