Marijuana use and possession of up to 6 ounces of weed are legal in New Jersey if you are at least 21 years of age.Driving while high isnt.
Pot can be found in your system by a blood test. So if you get into an accident, a court could order you to be tested, especially when that accident causes injuries or fatalities. Thats something Danielle Bowker, 30, of Toms River found out on June 21 when Ocean County Prosecutor Bradley D. Billhimer announced she had been charged with two counts of vehicular homicide, two counts of strict liability vehicular homicide and two counts of assault by auto as well as driving while intoxicated.
All of the charges were in connection with a motor vehicle crash that occurred in Manchester Township on March 29. At approximately 7:15 that morning, Manchester Township police were summoned to the area of Whitesville Road and Route 571 for a report of a motor vehicle crash with a fatality. It was a four-vehicle crash.
An investigation conducted by the Ocean County Prosecutors Office Vehicular Homicide Unit, Manchester Township Police Department and Ocean County Sheriffs Office Crime Scene Investigation Unit revealed that a 2018 Honda Civic operated by Bowker was traveling westbound on Route 571 when she failed to maintain her lane of travel while negotiating a right-hand curve. The Honda Civic then struck a state Department of Transportation Ford F-550 pickup truck operated by Eduardo Rivera, 30, of Hamilton Township, which was traveling eastbound on Route 571; Daniel Septor, 26, of the Cream Ridge section of Upper Freehold Township was a passenger in the Ford-550.
As a consequence, the Ford-550 lost directional control and struck a 2012 Toyota Camry operated by Michael Sadis, 48, of Toms River, pushing the Camry off the roadway into an embankment.
The Ford-550 continued in the same direction of travel and struck a 2015 Toyota Corolla operated by Paul Lamberti, 58, also of Toms River.
As a result of the crash, Sadis was pronounced deceased at the scene. Lamberti was airlifted to Jersey Shore University Medical Center in Neptune, where he ultimately succumbed to his injuries. Rivera and Septor were transported to Community Medical Center in Toms River for treatment of minor injuries.
Bowker also sustained minor injuries from the crash and was taken to Community Medical Center for treatment. While at Community Medical Center, a blood draw was taken from Bowker pursuant to a court-authorized warrant. Laboratory results of Bowkers blood draw, received by the Ocean County Prosecutors Office Vehicular Homicide Unit, revealed Bowker had an active THC (marijuana) level of 7 nanograms (ng) with a metabolite THC level of 61ng indicating Bowker was a recent, active user of marijuana at the time of the crash.
Upon reviewing the laboratory results of Bowkers blood draw, the states psychopharmacologist rendered an opinion that at the time of the crash, Bowkers faculties were impaired due to the effects of marijuana intoxication, and she could not safely operate a motor vehicle.
In light of the foregoing, arrangements were made for Bowker to surrender to Manchester Township Police Headquarters in the presence of her attorney on June 21. She was transported to the Ocean County Jail, where she is presently lodged pending a detention hearing.
Billhimer commended the Ocean County Prosecutors Office Vehicular Homicide Unit, Manchester Township Police Department, Ocean County Sheriffs Office Crime Scene Investigation Unit, Lakewood Township Police Department and Ocean County Medical Examiners Office for their combined and cooperative efforts in connection with this investigation.
As is usual, the prosecutors office press release ended with this statement:The charges referenced above are merely accusations and the press and public are reminded that all defendants are presumed innocent unless and until proven beyond guilty beyond a reasonable doubt in a court of law.
That statement could prove valuable in this case. Bowker and her attorney could mount a vigorous defense if the results of the blood draw are the only evidence the prosecution team has to offer. Marijuana can stay in ones system for a month. The law is still murky when it comes to what level of high constitutes driving under the influence of pot.
All 50 states have established a blood-alcohol level of 0.08% or higher as triggering a DUI charge, but there is no single standard when it comes to marijuana DUI charges.
There are at least six states that have legal THC limits, expressed in terms of nanograms per milliliter. Colorado, Montana and Washington have limits of 5ng/ml while Nevada and Ohios limits are 2ng/ml. Pennsylvanias limit is 1ng/ml. New Jersey apparently doesnt have a THC limit on its books.
If Bowker can afford to hire expert witnesses to contest the finding of the prosecutions expert witnesses, such as the states psychopharmacologist, a jury trial could prove very confusing and interesting.
The Ocean County Prosecutors Office didnt respond by press time to an inquiry about the Bowker press release. That inquiry didnt ask if there had been other evidence, such as an admission to using marijuana before driving, the presence of marijuana or drug paraphernalia in Bowkers vehicle, or the testimony of a drug recognition expert a law enforcement officer trained to administer tests to suspected impaired drivers to see in an individual is indeed impaired and if so, to categorize the type of impairment substance following a 12-step protocol. Law enforcement typically doesnt release such information before a trial.
The inquiry simply asked if the there had been a conviction for vehicular homicide in New Jersey based on the results of a blood test alone and attempted to confirm the state doesnt have a THC limit. A long internet search couldnt find either.
One thing is certain: Driving in New Jersey with marijuana in your bloodstream can get you in hot water even if you avoid conviction. An arrest, time in jail, attorney costs they all add up.
And you yourself could be killed.
Rick Mellerup
rickmellerup@thesandpaper.net
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Woman Charged With Vehicular Homicide Because of Marijuana in Her System - The SandPaper