Marijuana Law – Keyed to Mikos
Pennsylvania v. Hutchins
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Christopher White was traveling east on Jonestown Road when Appellant’s vehicle turned in front of him. Appellant had his three young daughters inside his vehicle. Mr. White testified that there were not any hills or slopes on the road, it was a sunny day, and he was driving approximately 45 mph, the speed limit. When the cars struck, the impact deployed the airbags and Mr. White’s car was totaled. Trooper David Mays was dispatched to the scene. At the scene, he searched Appellants vehicle for his registration and license and smelled an odor of marijuana. Also, he found a Camel cigarette in the left driver side door pocket that contained marijuana. Appellant admitted to Mr. Mays that the accident as his fault. Also at the scene was Trooper Nathan Tate who noted Appellant was very calm, so he asked him if he was under the influence of alcohol. Appellant said he had not drank alcohol, but admitted to smoking marijuana earlier in the day. Based on Mr. Tate’s experience, he believed Appellant was under the influence of marijuana, as Appellants pupils were constricted, he seemed fatigued, and had an inability to concentrate. Field sobriety test were not performed on Appellant because he left the scene to take his three daughters to the hospital. Mr. Tate went to the hospital, conducted the sobriety test, and arrested Appellant. Appellant consented to a blood test, which indicated that Appellant did not have any alcohol in his blood. However, Appellant’s blood sample contained 43 ng/ml of carboxy acid, a metabolite of the marijuana plants. Likewise, it is uncontested that Appellant had .63 grams of marijuana in his vehicle at the time of the accident.
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