Despite being legal for medicinal purposes for more than 20 years and for recreational use for 18 months, it is still illegal to smoke marijuana and then drive in California. Unfortunately, marijuana is unlike alcohol in that there is no set threshold for intoxication. With alcohol, most adults are legally considered drunk at 0.08%. There is no set limit with regard to THC content. It is also unlike alcohol in that marijuana can still be detected in the urine days after a person has last smoked and for blood tests, hours after the effects of the drug have worn off. This can make prosecuting a marijuana DUI very tricky.
The Petaluma Patch reports that the sentencing in a fatal marijuana crash has been delayed.
Last month, Isidro Antonio Moya pleaded no contest to charges of gross vehicular manslaughter while intoxicated and DUI involving marijuana.
The charges stem from a crash that occurred 13 months ago in Sonoma County. The crash killed Moya’s best friend, 18-year-old David Bradley Etling, who was a passenger in Moya’s 2007 Infiniti.
On Monday, during Moya’s scheduled sentencing hearing, the parents of Etling, Stephen Etling and Ben Bloodworth asked Judge Peter Ottenweller if they could hug Moya. The judge allowed the request.
The judge decided to postpone the sentencing until July 15 so that he could read the CHP’s reports.
Also present in the courtroom on Monday were Doug and Cessna Kaye, who were seriously injured in the crash. Neither of the victims asked the judge for a harsh sentence. They wanted Moya to serve some jail time, but more importantly, perform community service.
Moya faces the possibility of serving 13 years and eight months in prison. His attorney plans to argue for probation, while the prosecution plans to argue for some prison time.
