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Bluelighter
Drug hangover can count as DWI, N.J. court rules
By David Porter
Associated Press
NEWARK, N.J. - Motorists suffering the aftereffects of drug use can be considered to be driving while impaired even if they are not directly under the influence of drugs at the time, a state appeals court has ruled.
The 3-0 ruling was announced Thursday by the Appellate Division of Superior Court.
"This case presents a novel issue as to whether a 'rebound effect' or a 'hangover effect' from a previous ingestion of cocaine constitutes being 'under the influence' of a narcotic drug," the court wrote. "We hold that it does."
The court had considered the case of David L. Franchetta Jr., a Cape May County man who was stopped two years ago in Middle Township after police observed him speeding and driving erratically.
Franchetta registered a 0.00 percent blood-alcohol reading on a Breathalyzer test, but state police testified that he appeared incoherent and lethargic. After administering a blood test and finding a substance produced by the body's metabolizing of cocaine, they concluded that he was suffering from the after-effects of cocaine use.
Franchetta was found guilty of driving under the influence of cocaine, and had his license suspended for two years as a second offender and was ordered to perform 30 days of community service.
In Thursday's decision, the judges affirmed the lower court's ruling that Franchetta was driving while under the influence due to "the continuum of the physical manifestations of a significant cocaine consumption."
"While defendant was not 'high,' he was physically impaired as a result of ingesting cocaine," Appellate Division Judge Thomas Lyons wrote.
The decision specifically addressed cocaine, and Cape May County Prosecutor Robert L. Taylor said he did not think alcohol hangovers would necessarily be considered an impairment.
"I believe it's precedent-setting in regard to the use and effects of cocaine," Taylor said. "I don't read the decision as being that broad in terms of applying to an alcohol hangover."
John Tumelty, who represented Franchetta, told the Newark Star-Ledger that the potential impact of the ruling was enormous.
Poster's Comment
"Where do you draw the line? Even though a guy is not high and a drug is not active in the guy's system, if he's tired and sluggish and hung over from previous use, does that make him under influence? If they say a drug hangover makes you guilty, what about an alcohol hangover?"
Link.
By David Porter
Associated Press
NEWARK, N.J. - Motorists suffering the aftereffects of drug use can be considered to be driving while impaired even if they are not directly under the influence of drugs at the time, a state appeals court has ruled.
The 3-0 ruling was announced Thursday by the Appellate Division of Superior Court.
"This case presents a novel issue as to whether a 'rebound effect' or a 'hangover effect' from a previous ingestion of cocaine constitutes being 'under the influence' of a narcotic drug," the court wrote. "We hold that it does."
The court had considered the case of David L. Franchetta Jr., a Cape May County man who was stopped two years ago in Middle Township after police observed him speeding and driving erratically.
Franchetta registered a 0.00 percent blood-alcohol reading on a Breathalyzer test, but state police testified that he appeared incoherent and lethargic. After administering a blood test and finding a substance produced by the body's metabolizing of cocaine, they concluded that he was suffering from the after-effects of cocaine use.
Franchetta was found guilty of driving under the influence of cocaine, and had his license suspended for two years as a second offender and was ordered to perform 30 days of community service.
In Thursday's decision, the judges affirmed the lower court's ruling that Franchetta was driving while under the influence due to "the continuum of the physical manifestations of a significant cocaine consumption."
"While defendant was not 'high,' he was physically impaired as a result of ingesting cocaine," Appellate Division Judge Thomas Lyons wrote.
The decision specifically addressed cocaine, and Cape May County Prosecutor Robert L. Taylor said he did not think alcohol hangovers would necessarily be considered an impairment.
"I believe it's precedent-setting in regard to the use and effects of cocaine," Taylor said. "I don't read the decision as being that broad in terms of applying to an alcohol hangover."
John Tumelty, who represented Franchetta, told the Newark Star-Ledger that the potential impact of the ruling was enormous.
Poster's Comment
"Where do you draw the line? Even though a guy is not high and a drug is not active in the guy's system, if he's tired and sluggish and hung over from previous use, does that make him under influence? If they say a drug hangover makes you guilty, what about an alcohol hangover?"
Link.
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