Listen to "Reality Check with Ben Swann" on Spreaker.

Colo. Prosecutors Complain Juries Are Refusing to Convict Pot-Influenced Drivers

Colorado prosecutors say that juries are frequently refusing to convict individuals who have been charged with driving under the influence of marijuana.

Must Read

ABC News Buried Epstein Story?

In this episode of Truth In Media with Ben Swann, we’re taking a look at new footage from Project Veritas revealing that ABC News refused to air an explosive story detailing Epstein’s alleged crimes years ago, and a hot mic captures exactly why ABC did so.

Unstoppable Domains

Uncensorable blockchain domains. Every domain purchase supports Ben Swann and Truth in Media

The Government’s War on Wikileaks, Assange, Manning and Hammond

In episode 7 of Truth In Media with Ben Swann, we explain the secret grand jury targeting Julian Assange, Chelsea Manning, and Jeremy Hammond, and discuss the government's lasting damage on the lives of whistleblowers in an interview with John Kiriakou.
Barry Donegan
Barry Donegan is a writer, musician, and pro-liberty political activist living in Nashville, TN. Donegan served as Director-at-Large of the Davidson County Republican Party from 2009-2011 and was the Middle Tennessee Regional Coordinator over 30 counties for Ron Paul's 2012 Presidential Campaign. Follow him at facebook.com/barry.donegan and twitter.com/barrydonegan

Prosecutors in pot-legal Colorado are expressing frustrations that they are having a tough time finding juries willing to convict some suspects who have been charged with driving under the influence of marijuana.

According to CBS Denver, Colorado District Attorneys’ Council head Tom Raynes said that juries are in some cases refusing to convict individuals who have been found driving with levels of pot in their system exceeding the 5 ng/ml THC legal limit.

You are putting lives in danger. I want the message to be understood. It’s about driving while under the influence of drugs — it’s not about recreational or medical, it’s about being impaired when you drive,” he said. “I don’t believe anyone can drive better under the influence of any substance.

- Newsletter -

[RELATED: Ron Paul Calls for Jury to Nullify Cannabis Oil Mom Shona Banda’s Criminal Charges]

CBS Denver pointed to the case of medical marijuana patient Melanie Brinegar as an example. Brinegar was charged with driving under the influence of pot during a June traffic stop over an expired license plate. Though she admitted to having used marijuana and was found over the legal limit, officers did not witness her driving erratically.

Brinegar claimed that marijuana use improves her ability to drive and that she was neither high nor impaired. She was acquitted by a jury of her peers.

[RELATED: Indiana County Introduces Marijuana Goggles to Curb Teen Use]

The Free Thought Project characterized the jury’s refusal to convict as “jury nullification.” However, it appears that a component of the law allows juries to find defendants not guilty even if they are above the legal limit.

Brad Wood, a foreman on the jury that acquitted Brinegar, said, “The law allows you to infer that the person was impaired if they have over 5 ng/ml. But you may also feel free not to infer that and in any case use all the evidence to make your judgement… If the law says we strongly encourage you to weigh this as the biggest factor, I think it would have been a whole different story… If the officer said, ‘We saw her weave,’ it probably would have been a different story.

Wood referred to the law as poorly written and said that the jury believed Brinegar’s claim that marijuana does not impair her driving.

[Activist Charged with Jury Tampering for Promoting Jury Nullification Outside Courthouse]

During the trial, Brinegar’s attorney Colin McCallin argued that the pot driving impairment law differs from driving under the influence of alcohol laws that require juries to convict simply on the basis of the suspect’s blood alcohol content. McCallin said that this argument might not work in other incidences in which an individual has been charged with driving under the influence of marijuana.

Are we sending a message it’s okay to smoke and drive? I don’t like that message. In [Brinegar’s] case maybe its fine,” Wood said.

- Advertisement -

Featrued Sponsors

Unstoppable Domains

Uncensorable blockchain domains. Every domain purchase supports Ben Swann and Truth in Media

Holland Center

Holland Center is a day treatment program and medical clinic for children with autism.

Pure VPN

Military grade privacy on all devices.
- Advertisement -

Latest News

video

ABC News Buried Epstein Story?

In this episode of Truth In Media with Ben Swann, we’re taking a look at new footage from Project Veritas revealing that ABC News refused to air an explosive story detailing Epstein’s alleged crimes years ago, and a hot mic captures exactly why ABC did so.

Unstoppable Domains

Uncensorable blockchain domains. Every domain purchase supports Ben Swann and Truth in Media
video

The Government’s War on Wikileaks, Assange, Manning and Hammond

In episode 7 of Truth In Media with Ben Swann, we explain the secret grand jury targeting Julian Assange, Chelsea Manning, and Jeremy Hammond, and discuss the government's lasting damage on the lives of whistleblowers in an interview with John Kiriakou.

Protecting Free Speech with Unstoppable Domains

Software company Unstoppable Domains is aiming to put an end to online censorship by providing blockchain-based domains.
video

Ben Swann Breaks Down ABC News Fake Video of Syria Massacre

Mainstream media outlets across the country have been rigorously covering the news of President Trump pulling troops out of Northern Syria. But are these...
- Advertisement -

More Articles Like This