Saturday, August 23 2014 12:33 AM EDT2014-08-23 04:33:44 GMT
Montgomery police say they are initiating a death investigation following a shooting in north Montgomery Thursday afternoon.More >>
A man wanted for murder in North Montgomery turned himself in Friday. The victim's mother says he had threatened violence to her son before but that it didn't have to end in tragedy. She spoke to WSFA 12 News about what happened and she has a message for those who choose violence as a method to solve disputes. More >>
Saturday, August 23 2014 12:01 AM EDT2014-08-23 04:01:23 GMT
A Wetumpka mother is sounding off after she says her child was abused at day care. The mother says the sad part is her toddler daughter has Down's Syndrome and can't tell her what's going on. This motherMore >>
A Wetumpka mother is sounding off after she says her child was abused at day care.More >>
Friday, August 22 2014 11:35 PM EDT2014-08-23 03:35:14 GMT
The streets of Ferguson have been peaceful for another night, as protests and tensions have been subsiding in the St. Louis suburb where unrest had erupted for several nights after a white police officer fatally...More >>
Conditions calmed this week in Ferguson after nights of sometimes violent unrest stemming from the fatal shooting of a black 18-year-old by a white police officer. But a delicate and crucial question lingers: What happens...More >>
PHOENIX (CBS5/AP) -
The state Supreme Court has ruled that the presence of non-impairing marijuana compounds detected in a person's body does not give authorities the right to prosecute under Arizona's driving under the influence laws.
Last year, the state Court of Appeals upheld the right of authorities to prosecute pot smokers for DUI even when there is no evidence of impairment.
"I think that what the court has done here is they applied common sense to a ruling regarding [DUI laws]," said J.P. Holyoak, a medical marijuana card holder.
Holyoak says driving days after using medical marijuana is a concern for many who use the drug.
"There is always the thought that if the courts obtain a warrant and they're able to draw your blood, it would test positive [for inactive metabolites] and then you could be charged with DUI even though you weren't impaired in any way, shape or form," he said.
The Supreme Court opinion released Tuesday notes that while Arizona statute makes it illegal for a driver to be impaired by marijuana use, the presence of a non-psychoactive compound does not constitute impairment under the law.
"Up until now, the way the law is interpreted, you can get a DUI even if you're not impaired and all you have is the secondary inactive metabolite in your body," explained Michael Alarid III, an attorney with the Law Offices of David Michael Cantor.
Alarid represented Hrach Shilgevorkyan, the petitioner in the case that faced the state Supreme Court.
"It's a big deal because it's a change in the law. It should never have been a crime in the first place," said Alarid.
The opinion focuses on two chemical compounds in marijuana that show up in blood and urine tests - one that causes impairment and one that stays in the consumer's systems for weeks but doesn't cause impairment.
Maricopa County Attorney Bill Montgomery issued the following statement in the wake of the opinion:
"The only way the Court could reach its holding was by creating ambiguity where it did not exist in order to engage in interpretive jujitsu and impede on a function specifically left to the legislature: changing a clearly worded statute to accommodate changes in circumstances if called for. A healthy respect for our tripartite system of state government sometimes means restraint by one branch of government where invited to act and resisting the temptation to do so.
"By acting as it has, our State Supreme Court contributes to citizen cynicism particularly when it involves the whys and wherefores of drafting and passing legislation. Why should citizens work through our republican form of government and petition their duly elected legislators for statutory change when they can take a shot at only having to persuade just three Justices? Instead, the Court should have directed relief to the appropriate branch of government: the legislature."
Copyright 2014 Associated Press. All rights reserved. CBS 5 (KPHO Broadcasting Corporation) contributed to this report.
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