Medical marijuana no defense to DUI charge

An important finding of Arizona Court of Appeals says the exclusions in Arizona’s medical marijuana act does not prevent legal medical marijuana users from being charged with driving under the influence. See the excellent Jurist article for more details. Here is an azcentral news item about the case.

This adds to a growing body of marijuana driving laws, a ruling by the Arizona Supreme Court earlier this year overturned a CoA finding.  To be found guilty of DUI, there must be an impairing metabolite (not just any metabolite) of marijuana present in the driver’s bloodstream.

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The driver of a vehicle

A bicyclist is considered the driver of a vehicle for the purposes of the transportation code, A.R.S. Title 28.

More fully, a bicyclist is “…granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle…” §28-812, which goes on to state specifically which Chapters of Title 28 these rules apply to, 3, 4 and 5 which are the Rules of the road, DUI, and Penalties, respectively. Continue reading

Tucson hit-and-run driver kills cyclist; woman arrested

9/25/2014 12:23am. Hit run. Driver arrested, suspect intoxication. Suspect Nichole Jacinto. Victim 58 y.o. James Frankiewicz. Another news reports says was struck from behind in bike lane. The area appears to have a striped shoulder; it even goes on to be to the right of a RTO lane at Grant.

Location: southbound on Oracle Rd near Jacinto St. (yes, that is a coincidence; the suspect’s name is also Jacinto).

The most-detailed reporting is at

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Driver Sentenced: Phoenix police officer dies in fatal hit-and-run

vehicleRaetzHitAndRunFatality Although it seems obvious that police work is dangerous because there are bad guys with guns trying to kill them; roughly the same number of  policeman killed in the line of duty die as the result of a traffic collision than by being shot (or stabbed)…. Original story…


The driver of the SUV that killed Officer Daryl Raetz pleaded no contest to Neg Hom and i guess leaving the scene. Sentence was 8 years prison followed by 7 years supervised probation. Though it goes on to say “Molina could possibly serve only three-and-a-half years probation if he behaves appropriately and follows probation restrictions, the judge said” – azcentral. As usual no mention of any license revocation.

Case minute for the deal is not yet up; will be at  CR2013425418 (for some reason this was same case deprecated CR2013422750)



Are Cyclists Required to Carry ID? Are Pedestrians? Updated 2014

In 1999 Tucson bicyclist Enol Daniel Ortiz Jr. spent the night in jail for not having ID on him. It appears that now (since 2003) cyclists and other non-motorists have no legal obligation to carry identification.

The update in 2014  is due to the unusual case of Ersula Ore, an English professor at ASU. She was apparently “jaywalking” when she got into an altercation with ASU police. From what I can see this on College Ave, somewhere north of University Dr. This is a public street in the city of Tempe (there seems to be some confusion and many erroneous comments about this; this location is not “on campus” or somesuch). Tempe’s codes for pedestrians are here; ASU is NOT in the “central business district”, the more-restrictive “jaywalking” code only applies in the CBD so it leads me to wonder if she was really jaywalking at all. Jaywalking codes, real or imagined, are frequently used to assert superiority by motorists (the police officers were driving cars) over pedestrians.

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Cycling, traffic safety, traffic justice, and legal topics; energy, transit and transportion economics