When it comes to alcohol, the laws regulating when someone is “over the limit” are pretty easy to remember. For drivers over 21, the legal blood alcohol content (BAC) limit in all 50 states is .08. For most of us, that means roughly one drink per hour. But as some states legalize recreational use of marijuana, and others allow its use for medical purposes, defining driving under the influence is becoming increasingly difficult.

One of the big problems is that we don’t quite know how badly marijuana affects driving. Experts point out that it’s obviously bad to drive when any senses are impaired — but we still allow people to have a drink before they drive, because a safe threshold has been determined. That threshold hasn’t really been identified for marijuana use yet.

Marijuana users are definitely impaired. Reaction times for example, are usually slower. But unlike those who have had alcohol, people under the influence of marijuana are usually more aware of that impairment. They are more likely to be cautious and compensate for their dulled senses. Currently, the National Highway Traffic Safety Administration is working on a study to figure out how exactly smoking marijuana can affect driving. In states that do allow marijuana, whether or not the legalization has led to more fatal crashes is virtually impossible to determine. Some studies claim that it has, others say that there’s no correlation. With such a small sample population, as well as so many other contributing factors to automobile accidents, it’s just too soon to tell what effect marijuana use has on driving conditions as a whole.

The states that have legalized marijuana, or allow it for medical purposes, have attempted to institute some parameters. For example, Colorado has set the DUI limit for marijuana intoxication at 5 nanograms of THC per milliliter of blood. Some people worry, however, that it’s too early to appropriately determine such limits, and that until we can do so, a limit like Colorado’s is arbitrary. The Marijuana Policy Project stated:

The inability to accurately measure marijuana impairment is why both the National Highway Traffic Safety Administration and the National Institute on Drug Abuse have stated that marijuana impairment testing via blood sampling is unreliable.

The main complaint stems from the fact that there’s no good way to easily test marijuana intoxication. When someone is pulled over and suspected of driving while drunk, there are small breathalyzers that can be used to determine BAC. No comparative tool has been invented for marijuana intoxication at this point. There is apparently a very preliminary marijuana breathalyzer being created by a Canadian police officer; he has named it the “Cannabix.” It’s still in the very preliminary stages, and scientists aren’t sure about the efficiency or accuracy of a breath-based marijuana test.

As more states move toward the legalization of marijuana — currently there are serious pushes in Alaska, Massachusetts, Oregon, New York, and Washington D.C. — the question of marijuana DUIs needs an answer. Zero tolerance policies seem tough, especially with the now relatively common use of medical marijuana. But how much marijuana in your blood is too much? Scientists will have to tell us — hopefully the new National Highway Traffic Safety Administration study will provide us with some answers.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Marijuana DUIs: How Much Weed is Too Much to Drive? appeared first on Law Street.

Flashing red and blue lights in your rear-view mirror can cause the blood to drain from your face, your hands to become clammy, and your heart to do a gymnast-style somersault. After the immediate physical effects of dread set in, questions begin to catapult forth from your mind. “How much will this cost me? “Did the officer see me texting?” “Am I going to lose my license?” The questions become louder and more frequent during that dreaded time waiting for the officer to approach your window and request your license and registration.

This is a nerve-racking situation that many will encounter during their years as drivers, which is why it is important to know your rights when a cop pulls you over. The following tips teach you what to do when you get pulled over and will make the anxiety-ridden experience more pleasant for you and the officer.

When Can an Officer Legally Pull You Over?

A cop needs probable cause — that is, a legitimate reason to believe you broke the law — in order to stop you. Speeding or driving with a broken tail light are both common examples of probable cause. Once you are pulled over, however, if a police officer observes something illegal in your vehicle such as drugs or weapons, he or she can arrest you and would not have to prove that you were speeding in court — just his account of the story suffices.

How and Where Should You Pull Over?

Unfortunately, due to the presence of crooked cops and police impersonators, it is of paramount importance to pull over in a well-lit, populated area. This promotes better safety for both the officer and driver. If you cannot pull over immediately, give a hand signal to the officer indicating that you plan to and drive the speed limit until you find a safe place; however, do not coast or drive for too long before stopping, as this could make it seem like you are trying to hide something. Once you do stop, there is some dispute as to whether or not it is a good idea to get out of the car. While staying in the driver’s seat could lead to the suspicion that you are concealing a weapon, getting out of the car can also seem threatening to some officers. A retired State Trooper in Virginia told the AOL Autos section that he never wanted drivers to get out of the car, as to him this indicated that he or she had something to be afraid of.

I don’t care if you’re the baddest officer there is, there’s always someone out there who’s badder than you, and if we can keep them inside the car, that’s the best way to keep from being injured.

-Retired Virginia State Trooper

Be On Your Best Behavior

You’ve already been pulled over, and whether or not you think this action was justified, it is important to be courteous to the officer to avoid provoking him or her to slam you with a higher fine or charge. Take a few deep breaths, greet the officer kindly, and don’t make any snide remarks.

According to the same retired Virginia officer, a woman once harassed him while he was trying to write her ticket. “I had to roll my window up while she was yelling at me…Well, I guess she didn’t like that because she yanked my door open and said, ‘Don’t you ignore me, you m——- f——!’ Well, that was it, she crossed the line there, so I cuffed her and arrested her for disorderly conduct and took her in.” Had she kept her cool, the woman may have prevented an unnecessarily unpleasant experience for both her and the officer.

It’s important to remember that you have the right to remain silent. Choosing your words carefully can be beneficial, as officers often seek an admittance of guilt from the driver. The 5th Amendment protects individuals against self-incrimination. This means that you can answer “no” to an officer when he or she asks if you know why you were pulled over and to similar questions.

After the officer issues a ticket, warning, or other penalty, ask him or her if you may leave. This avoids the chance of leaving any loose ends or seeming like you are trying to make a getaway.

When Can a Cop Search Your Car or Cell Phone?

A police officer can legally search your vehicle under five circumstances:

1. If the officer asks and you consent to the search
2. If you have an illegal substance or object in plain sight
3. If you are arrested for a legitimate reason
4. If the officer has adequate reasoning to suspect a crime
5. If the officer believes crucial evidence could be destroyed without a search

These five criteria also dictate when an officer can do a search on a home. Minor traffic violations on their own do not constitute just cause for a search. The 4th Amendment provides the right to refuse a search, but officers do not need to inform drivers of this.

Recently, the Supreme Court heard a case regarding whether or not it is lawful for officers to search the contents of cell phones without a warrant. The justices determined that doing so is generally unlawful, except to physically examine the phone to ensure it cannot be used as a weapon. If a police officer asks to search your phone, you can refuse to consent to the search until he or she has a warrant.

Know Your State Laws

Being at least slightly familiar with the driving laws in your state can be immensely beneficial in the event that you are pulled over. These laws can vary immensely from state to state, especially with regard to the use of electronic devices while operating a vehicle. For example, in New York, it is unlawful to talk on a cell phone whereas other states permit the use of hands-free devices.

Knowing even your most basic rights as a driver can only serve as a benefit in the event that you are pulled over. Click here to see an infographic with a state by state overview of driving.

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Marisa Mostek (@MarisaJ44) loves globetrotting and writing, so she is living the dream by writing while living abroad in Japan and working as an English teacher. Marisa received her undergraduate degree from the University of Colorado in Boulder and a certificate in journalism from UCLA. Contact Marisa at staff@LawStreetMedia.com.

Featured Image Courtesy of [Jace via Pixabay]

Marisa Mostek

Marisa Mostek loves globetrotting and writing, so she is living the dream by writing while living abroad in Japan and working as an English teacher. Marisa received her undergraduate degree from the University of Colorado in Boulder and a certificate in journalism from UCLA. Contact Marisa at staff@LawStreetMedia.com.

The post Do You Know What to Do When You Get Pulled Over? appeared first on Law Street.

Whether near your home or on the other side of the country, you’re responsible for knowing the driving laws wherever you go. Many drivers may not realize that these laws frequently change as you cross state lines, especially those relating to cell phone usage. Some states still allow text messaging while driving, whereas others ban cell phones, even in hands-free mode.

The following infographic breaks down some of the most pertinent driving laws and how they differ among the 50 states and the District of Columbia. And in case you accidentally mix up any of these laws, make sure to check out these tips for what to do when you get pulled over.

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Marisa Mostek (@MarisaJ44) loves globetrotting and writing, so she is living the dream by writing while living abroad in Japan and working as an English teacher. Marisa received her undergraduate degree from the University of Colorado in Boulder and a certificate in journalism from UCLA. Contact Marisa at staff@LawStreetMedia.com.

Featured image courtesy of [Lord Jim via Flickr]

Marisa Mostek

Marisa Mostek loves globetrotting and writing, so she is living the dream by writing while living abroad in Japan and working as an English teacher. Marisa received her undergraduate degree from the University of Colorado in Boulder and a certificate in journalism from UCLA. Contact Marisa at staff@LawStreetMedia.com.

The post Infographic: State-by-State Driving Laws appeared first on Law Street.

“There was a terrible accident. The car’s flipped, it’s on its side. It’s two vehicles and a Walmart truck,” reported one passerby in the wee morning hours of Saturday, June 7. The accident received heavy media coverage — the three-car pile up killed one and injured four. Among the injured was celeb Tracy Morgan, who needed surgery on his broken leg; he also suffered several broken ribs and a broken nose. The comedian, best known for his NBC gigs with “Saturday Night Live” and “30 Rock,” also lost his mentor and fellow funnyman James “Jimmy Mack” McNair. McNair was pronounced dead at the scene.

The driver of the Walmart truck, Kevin Roper, has been charged with vehicular homicide. He was said to be “driving recklessly” because he had not slept in 24 hours. As a result of this accident, debates over regulations for commercial truck drivers have sprung up across the country.

Hours-of-Service Regulations

July 1, 2013 marked the initiation of new hours-of-service regulations for truck drivers. The goal of the new regulations was to “improve safety for the motoring public by reducing truck driver fatigue,” according to a news release by The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA).

The new rules reduced the maximum average workweek for truck drivers from 82 hours to 70 hours. Drivers are required to rest for 34 consecutive hours, including two full nights’ sleep, before they can begin a new workweek. Lastly, drivers must take a 30-minute break within the first eight hours of their shifts. The DOT estimated that these changes would save 19 lives, prevent 560 injuries, and thwart 1,400 crashes each year. In crafting these changes, the DOT worked to prevent death, injury, and damage to the “motoring public.” While the shift was indeed positive, there could be more changes made to worker regulations. In this case, I do not blame Walmart nor the DOT for taking inadequate precautions.

Blame Roper

You’d think it would be common sense to take a nap and recharge before driving an 80-thousand-pound truck cross-country in the middle of the night. I don’t know Roper’s situation — he could have been depending on his paycheck for medical bills or rent or a variety of other inescapable obligations. But his ill-planned actions resulted in the loss of a life and myriad suffering.

Roper pleaded not guilty for the accident, and police are having a difficult time proving his lack of sleep. He claims that had he not hit a celebrity and killed a member of Morgan’s entourage, the consequences would have been far less severe. He even ranted on Twitter about the situation.

Driving while deprived of sleep is classified as reckless driving in the state of New Jersey, where the accident occurred. If hard evidence was found proving he had not slept in more than 24 hours, Roper could be sentenced up to ten years. It seems the only chance of obtaining this evidence would be a confession from Roper. And we all know that’s not going to happen.

I do not believe Roper is a hardened criminal, but someone who made a poor decision. We all make mistakes. When we’re young, we’re taught to think before we act, but that lesson doesn’t always stick. The real issue is that Roper’s lack of cognizance resulted in the loss of life.

The accident left McNair’s family in shambles. His 18-year-old daughter passed out at his funeral, where hundreds showed up to lend the family support. Roper took away a father’s opportunity to see his children grow up. Roper should take responsibility for cutting McNair’s life short and stop complaining about the amount of media coverage the case receives.

The federal government has done its part by enacting limitations on drivers’ workweeks. Maybe this change is not enough and should be further amended, but I’m not a truck driver so I really don’t know. Maybe some consultation with those in the industry could lead to even more appropriate guidelines. I do think Roper deserves to serve time for his actions and should retract his Twitter tirade.

If it were one of my family members in the crash, I would want to know that justice was served. I would want to know that changes would be made to protect my family, friends, and the rest of the motoring public. I would make an example of Roper to teach other truck drivers to think before they sit behind the wheel for overnight cross-country drives. Because au contraire to Roper’s opinion that this accident wouldn’t blow up if a star weren’t involved, a man was killed because of his actions, and his life was just as important as anyone else’s.

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Natasha Paulmeno (@natashapaulmeno)

Featured image courtesy of [Sam Lehman via Flickr]

Natasha Paulmeno

Natasha Paulmeno is an aspiring PR professional studying at the University of Maryland. She is learning to speak Spanish fluently through travel, music, and school. In her spare time she enjoys Bachata music, playing with her dog, and exploring social media trends. Contact Natasha at staff@LawStreetMedia.com.

The post Tracy Morgan Accident Prompts Look at Commercial Driving Laws appeared first on Law Street.

As technological advances make our lives easier, will our laws need to change to keep up with the times? That is the question that tech fans are asking after a run-in between a California woman named Cecelia Abadie and the police. Abadie was wearing one of the newest innovations in tech trends: Google Glass.

The idea behind Google Glass is simple. It’s sort of like a smart phone, but completely hands-free, and it communicates with the wearer through motions and voice commands. While Google Glass currently cannot be worn in lieu of prescription glasses, developers are hoping to add an ability to contain a prescription in coming years. Applications available on Google Glass include video capture and streaming, Google Maps, Gmail, Evernote, and The New York Times, among others. More applications are expected to be released as the technology becomes more mainstream and affordable.

Currently, Google Glass is not fully available the public, but for those in the tech industry, such as testers or developers, an “Explorer Addition” is available for $1,500.

Abadie, 44, from Temecula, California, was driving down a San Diego Highway when she was pulled over for speeding. While writing up her ticket, the officer noticed that she was wearing Google Glass and cited her for distracted driving. California Vehicle Code 27602 states that it is illegal to, “”drive a motor vehicle if a television receiver, a video monitor, or a television or video screen, or any other means of visually displaying a television broadcast or video signal that produces entertainment or business applications is operating and is located in the motor vehicle at a point forward of the back of the driver’s seat, or is operating and the monitor, screen, or display is visible to the driver while driving the motor vehicle.” According to California law, the mandatory minimum fine is $162.

Abadie claims that the glasses were turned off at the time of her arrest. The cop cited her because the monitor was in her view and because Google Glass has a small square in the top right corner that could block a person’s view. After returning home, she posted a photo of the ticket she received to some of her online profiles. Much of the feedback that she received encouraged her to take the ticket to court and fight it. She says she believes that whether or not the ticket gets upheld depends on the judge’s feelings towards technology. She stated, “It’s all in how a judge will interpret it and I suspect their love or hate and understanding of the technology might help or the opposite.”

It seems clear that many of the functions of Google Glass—such as video streaming and web browsing, fall firmly into the category of distracted driving. But there’s also some grey area with Google Glass. Google Glass does contain the potential for navigation software. That type of software, such as a hands-free GPS device, is usually exempted from distracted driving laws. Whether or not Google Glass is ever used for that kind of purpose could change whether or not it is considered distracted driving. However, that raises another important issue: how would officers be able to tell if someone they pull over is using Google Glass for navigation, or for something else?

It’s important to note that Google Glass has presented itself as a program to be used while driving. In the manual, it states that Glass can provide directions, whether “whether you’re on a bike, in a car, taking the subway, or going by foot.” However, the Glass FAQ does also point out that many states have laws preventing the use of such technology while driving. Some states have introduced legislation that specifically prevents the type of technology that Glass uses. West Virginia and Arizona specifically have created amendments that forbid drivers from “using a wearable computer with head mounted display.”

Technology often is ahead of law. I highly doubt that Google Glass will become a norm the way that using a GPS while driving has, but as this new technology develops so quickly, it may become difficult for law enforcement to keep pace. That being said, until Google Glass’s place within driving law becomes regularly accepted, intrepid tech-fans who are trying them out should assume that if they get caught driving while wearing Glass, they will pay the price.

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Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [Ted Eytan via Flickr]

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Google Glasses: a Whole New Level of Distracted Driving appeared first on Law Street.