Another case that will change things

Updated: Friday, June 14 2013, 11:04 PM EDT MICHIGAN – A controversial decision by the Michigan Supreme Court could change the case against a driver charged in a deadly crash. The Van Buren County prosecutor’s office says 26-year-old Ashley Baker slid through a stop sign back in February, causing a crash that killed four women. Following that crash, police say Baker’s blood tested positive for marijuana. Baker is currently charged with four counts of operating under the influence causing death, but a recent ruling could change that case. The case is People v. Koon and the court says that police must show that a driver was actually under the influence of marijuana for a charge to stick, merely find TCH in the blood is not enough. The ruling only applies to medical marijuana card holders, which is why a half dozen prosecutors have told that the ruling does not apply to Baker’s case, however they all said it could still affect it. The crash in February was horrific, in an instant the families of the four women were forever changed. “We are at peace you know,” said Jaime Maya, whose mother died in that crash. “We forgive this girl for what she did.” Maya lost his mother Katherine in the crash. If Baker is convicted of all four charges, there is a chance a judge could force her to serve her sentences back to back rather than all at once, meaning a 15 year sentence for each charge becomes 60 years. Jaime and his family agree that would be too much, but they still want justice. “In no way, shape or form do we stand behind her,” said Maya. “In my opinion, I think she needs to see her day in court and God will take care of the rest.” However the recent People v. Koon ruling could greatly change her day in court. Baker’s attorney says that while Koon doesn’t directly apply: “Baker was not under the influence or impaired at the time of the alleged incident,” said Baker’s lawyer in a written statement to Newschannel 3. “Koon demonstrates a reluctance on the part of the appellate courts to uphold convictions based on strict liability where no impairment of the ability to drive safely exists.” If the charge of driving under the influence is dropped, the crash that took the lives of four women could be viewed as a non-criminal incident, meaning Baker’s felony charges could become misdemeanors. In that scenario it is possible she wouldn’t see a day in prison. “That doesn’t seem right at all,” said Maya. “That would be devastating.” In the Koon ruling, the Michigan Supreme Court also suggested creating a legal limit for THC in medical marijuana users pulled over when driving. Currently Baker is scheduled to appear in court on Monday, however the Van Buren County prosecutor says before the case goes any further, he wants to talk to the victim’s families about all the implications of the Koon decision. That means the preliminary exam may be adjourned to a later date.

wow

It's amazing how blind people can be. Sending someone to prison for 60 years over a traffic crash, only because she wanted to smoke once in a while. This should be treated as though it were any other traffic crash.

So if you read between the lines it is all bullshit , 60 years for pot being in her system but nothing to show she was under the influence ? I think in all reality she has suffered enough punishment as the guilt alone must be eating her alive . Makes you wonder if the state is helping her cope with this trauma ? I highly doubt it as she is just a pot head druggy in there eyes .

Lets be honest and look at statistical data in Michigan and elsewhere , guaranteed you ll find the alcohol auto related fatalities outnumber all others by far . I ll conclude this with a moment of silence out of respect for those who lost there lives due to this accident .










































































Peace and remember to buckle up and drive defensively at all times , too many idiots on the roads these days to think twice , accidents will always happen but I will not die due to others neglect and stupidity , nope I drive steel machines from the past and I drive responsibly and safely at all times , unless off road hehe

This is an issue that has needed clarification. You can't punish someone for smoking a joint the night before and driving the next day because they have some small percentile of thc still in their system. Ridiculous.

I guess I'm a little to anti system to completely know how this works. I would seem that it is either a cannabis issue or not. If not, what could others do to set an example of the system for making an issue, not to mention tying up resources. If the person was intoxicated there is already laws in place for that. If not then something need to be done to make sure it does not cause an issue. I don't know the science of THC testing, but I know when I'm impaired and I would think the roadsides test would also be sufficient. If some cop with a boner for a stoner want to try to destroy someones life for making an honest (yet terrible) mistake than that cop (or DA or whoever) should then be made an example of. If I take to many bong hits and kill someone I would deserve to be punished. If my car slide on black ice or had some other malfunction causing the accident then this is insulting or outragous..... first for the people who lost loved ones, second for the driver who I imagine hurting, and for the other people that use cannabis safely and can fear the system that is supposed to protect them even more!

So I do wonder what sort of test for medical users they will come up with, and when they intend to do it.
Knowing they are working on a dispensary bill causes me to think they would want the driving issue resolved as well.
If they want tax revenue I don't think it will work if leo sits out in the street pulling everyone over for driving.

Something tells me it won't come easy or soon.