Prosecutors will not charge Lil’ Twist with a DUID following allegations that he drove one of Justin Bieber’s sports cars while under the influence of marijuana. Lil’ Twist’s real name is Christopher Moore. Police contacted Moore for speeding, alleging he was driving 69 miles per hour in a 30 mile per hour zone. Police also alleged that Moore failed to stop for a red light. According to police, Moore smelled of a strong odor of marijuana, had bloodshot eyes and had deliberate and lethargic speech. Police also said Moore admitted to smoking marijuana 30 minutes prior and the officer said he found a previously smoked blunt in the console. Police also said Moore failed the roadside maneuvers.
Fortunately for Moore, a blood sample was taken approximately one hour and 46 minutes after he was caught driving. The results of that blood test saved Moore from being charged with a DUI. The blood test showed only a small amount of THC in his system, not enough for an expert to testify that Moore was under the influence. The prosecution will pursue charges related to the traffic infractions for speeding and failing to stop at a red light.
DUID and DUI per se in Colorado
Colorado recently legalized the recreational use of marijuana. Colorado has not, however, legalized driving while under the influence of marijuana. Colorado law presumes that a person is under the influence of marijuana if the person has 5 ng or more of THC in his or her system. This presumption is different from a DUI per se charge. There is not currently a DUI per se limit for marijuana. For alcohol related DUI charges, if a driver’s BAC is a 0.08 or greater, then the person has committed a DUI. For a DUID charge, if a driver has 5 ng or more of THC in his or her system, the presumption may be rebutted by evidence that even though the driver had a certain amount of THC in his or her system, he or she was not under the influence. For example, a person who regularly smokes marijuana may have a greater tolerance and, as a result, be safe to drive a car. A disadvantage to this presumption is that it is a presumption that the defense may then refute or rebut.
On the other hand, this presumption may be an advantage in certain cases in which a person agrees to a blood test and the results show a result that is below the presumptive level. This is reason the prosecution chose not to pursue a DUI charge against Lil’ Twist. If the results are below the presumptive level, then it would be very difficult for a prosecutor to move forward with the case.
Source: New York Daily News, Nancy Dillon, July 14, 2014