re: Auburn police have arrested 16 y/o for manslaughter in death of RB and wife

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If it was a blood test, and he smoked every day chronically, then it can stay in your system for 25-30 days.


But typically, it'll last for 1-2 days in a blood test

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?

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Illinois legislature changed the DUI laws in Illinois to provide that you could be charged with driving Under the Influence of Marijuana only if you had five or more nanograms of THC (the active ingredient of marijuana) in your blood, or 10 or more nanograms of THC in your saliva.

Medical studies have shown that blood and saliva do not absorb THC very well. Once you ingest marijuana, the THC will enter the bloodstream and the saliva but the THC levels will ball drop off rather quickly. THC likes to go to the fatty parts of the body. The brain is mostly composed of fat. That’s what causes a person who ingests marijuana to feel “high”.

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This is how Illinois views a THC DUI

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Colorado law specifies that drivers with five nanograms of active tetrahydrocannabinol (THC) in their whole blood can be prosecuted for driving under the influence (DUI).

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And Colorado

These states obviously are more lax on weed than Alabama, but they have set a standard for impairment.

ETA: I did see where chronic users can have prolonged THC levels, but it seems like the studies indicate the blood THC level of a chronic user would be well under 5 if that person hadn’t consumed it recently

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A 16 year old that drove irresponsibly is different than a 16 year old that shot a shopkeeper. One was stupid and one was intentional. There is a huge difference.

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That's why he was charged with manslaughter and not murder

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It all depends on the facts of the case to be honest. You could murder someone with a baseball bat through the heat of passion only if it didn’t require meditation( driving home to get a bat) and only get manslaughter.

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What you are describing is more along the distinction between first and second degree murder. Intent is the major aspect of all homicide cases. First = premeditated/planned; Second = intentional, but more spur of the moment; Manslaughter = you were negligent/reckless and loss of life was a significant risk of your actions, but you didnt intent to hurt anyone.

That's a very simplistic definition and the lines et blurred between them often, but that's what I recall from my crim-pro classes in law school.

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Taylor‘s vehicle was accelerating from 89 to 91 mph when the crash occurred

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How this kid is alive is mind boggling.

I agree that he should be charged with negligent homicide instead of manslaughter.

Driving at that speed, on that road, at a time when there's a high probability of other vehicles (particularly stopped at an intersection), is the very definition of criminal negligence.

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Does marijuana in his system even matter any more?

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No. The manslaughter charge warranted by the high speed.

If you are stoned and going 90, how in the world do you not have your eyes on the road and see that there is traffic stopped at a red light? If he was going around the speed limit, I could understand if he was searching for his phone or something, but going 90? That's super aggressive driving, and it's hard to believe he didn't notice the light. Maybe there's something to his claim that he fell asleep.

He was supposedly high coming back from the lake. And as far as duration goes, a hair test can show THC up to 90 days.

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Dude if you are driving stoned, you are not going 90 mph.

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If you're stoned and asleep you might. But if you're stoned and awake and going 90, then you're suicidal.