cannabisnews.com: Smoking Motorist Not Guilty of Impaired Driving





Smoking Motorist Not Guilty of Impaired Driving
Posted by CN Staff on January 09, 2003 at 07:31:02 PT
By CBC News 
Source: CBC
Pembroke, Ont. - An Ottawa Valley man who was pulled over while smoking a marijuana joint has been found not guilty of driving while impaired. Rick Reimer, a retired lawyer from Killaloe, Ont., has an exemption from Health Canada that allows him to smoke marijuana to help him with his multiple sclerosis.In February 2002, he was pulled over for crossing the centre line. The officer noticed that he was smoking a joint and charged him with impaired driving.
But Reimer, who defended himself in the case, insists that marijuana does not impair his ability to drive."I know that I'm not guilty, I'm innocent and I hoped that the court would see it that way and I'm glad the court did," said Reimer.Justice Bruce McPhee acquitted Reimer on Wednesday, but said his decision doesn't dismiss the idea that marijuana may impede some people's ability to drive.He said he was not convinced that it was the marijuana and not Reimer's multiple sclerosis that caused him to swerve."We got a very fair trial from Justice McPhee," said assistant Crown attorney Mac Lindsay."As His Honour said, he was in a doubt as to the cause of the impairment here and therefore he was duty-bound to acquit, if that was his position," he said.Reimer called several of his friends to testify in the case and they said they drive while smoking pot, too. Some said it made their driving better. "The most important thing, in my opinion, that the judge said is that this is an area that needs a lot more scientific study. It also, in my opinion, needs a lot more democratic debate," said Reimer.The Crown didn't say whether they would appeal the decision. Complete Title: Pot-Smoking Motorist Not Guilty of Impaired Driving Source: Canadian Broadcasting Corporation Published: Thursday, January 09, 2003Copyright: 2003 CBCWebsite: http://www.cbc.ca/Contact: cbcinput toronto.cbc.caRelated Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmPot No Impairment, Toker Tells Hearing http://cannabisnews.com/news/thread15140.shtmlNew Laws Needed for Drivers Smoking Pot http://cannabisnews.com/news/thread15034.shtml
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Comment #5 posted by BGreen on January 10, 2003 at 00:23:09 PT
Gee, Naaps
Here in BC, if the cop smells cannabis smoke, you get a 24 hour roadside suspension. Your vehicle is towed and you incur a retrieval fee.Here in Hell, Misery, where I live, if the cop smells cannabis smoke you get a free body search and trip to jail. Your vehicle is towed and, if they find even a single seed, it's seized. You don't incur a retrieval fee because you never see your car again.Forget about your job, too, because it's pretty hard to get to work without wheels. That's assuming you still have your job after your (as "Anthony" on "Designing Women" used to say) "unfortunate incarceration."Doesn't it make you want to pack your bags and move on down?
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Comment #4 posted by Naaps on January 09, 2003 at 23:48:36 PT
Good for Rick Reimer!
There must be an onus to prove or demonstrate that Mr.Reimer was incapacitated, and consequently, unsafe and hazardous on the road. He may well have been affected by smoking his medicine, but did it hinder his judgement, slow his reaction time, affect his balance? The beauty is that as an experienced lawyer his could effectively challenge the charge, without incurring the costs of hiring a competent lawyer.Here in BC, if the cop smells cannabis smoke, you get a 24 hour roadside suspension. Your vehicle is towed and you incur a retrieval fee. The police do this, as they haven't solid procedures for evaluating a smoker's impairment, and so err, on the side of caution.I think that studies indicating cannabis influenced drivers use greater caution and slow down have merit. Kinetic Energy is equal to one-half the mass times velocity squared. KE=0.5 x m x V x V. By having motorists slow down, the impact energy available for crushing car bodies and the occupants within decreases dramatically. This improves the survival rate and severity of accidents, and hence, is a significant plank in arguing automatically that cannabis use constitutes impairment.I'm prepared to believe that cannabis can be impairing for some people, especially neophytes using quantities and potentancies for which they are unfamiliar. Sleep deprivation, prescription drugs, and alcohol are more likely to be the cause of impairment in an accident.
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Comment #3 posted by drfistusa on January 09, 2003 at 13:07:46 PT:
it was a judge in France that ended the witch hunt
same thing, no politician or drug warrior or status quo religion would end the witch hunts, it took a judge to finally  say the obvious, there are no witchs threatning our lives, just the witch hunters!! Finally a judge recognizes the need for science and proof rather than religious belief.
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Comment #2 posted by FoM on January 09, 2003 at 08:21:13 PT
News Brief: Marijuana Reform: Full Speed Ahead
Thursday, January 09, 2003 
The prime minister may be backing off, but Justice Minister Martin Cauchon says he intends to decriminalize marijuana " as quickly as I can." Page A4Marijuana Smoker Found Not GuiltyAn ailing retired lawyer from the Valley town of Wilno was found not guilty yesterday of impaired driving caused by smoking marijuana. Page D1Copyright: 2003 The Ottawa Citizen 
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Comment #1 posted by The GCW on January 09, 2003 at 07:34:20 PT
Bingo & bulls-eye!
We should expect the appeal tomorrow.Another: MARIJUANA MOTORIST ACQUITTED http://www.mapinc.org/drugnews/v03/n037/a12.html?397
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