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Yahoo
25-03-2025
- Politics
- Yahoo
Bipartisan proposal aims to change Pennsylvania DUI laws to protect medical marijuana users
Whether it's opioids or alcohol, most drivers think twice about getting behind the wheel of a car after consuming. But what about days after you have legally used medical cannabis? 'I had no idea that when I got my card that I was putting myself in danger, not because I was driving impaired but because I was driving as a medical cannabis patient in the wrong state,' said Rep. Chris Rabb who represents portions of Philadelphia. Rabb said Pennsylvania has a zero-tolerance policy when it comes to cannabis and the DUI laws. Rabb said currently an officer does not have to prove the driver is impaired, only that the cannabis shows up in your system to get charged with a DUI. 'The test will only show there are metabolites in my system not that I'm high, not that I'm impaired,' Rabb said. Those metabolites can show up to 30 days after using the drug. It's that reason that over 30 states that have legalized cannabis have updated their DUI laws. 'We definitely are looking to other states on how they handle it; it's something that comes up in the District Attorneys Association,' said Beaver County DA Nate Bible. Bible said the big question mark surrounds how someone handles the drug. One may not look impaired, but another with less in their system does. That's why he thinks there needs to be a better test if this law were to be changed. 'When you are looking at marijuana it's sometimes hard to look at somebody and know if they are impaired so I think that's a big hiccup there needs a little better test to develop this person has a legal amount in them, and there has to be some form of legal amount because it is some people's medicine,' Bible said. Rabb has now introduced this bill four times and hopes, with better understanding and bi-partisan support, this year will be the year for change. 'If someone is misusing it or high, they should not be driving and this bill provides no exceptions to anyone who is impaired for any reason,' Rabb said. Republican Senator Camera Bartolotta also introduced a similar bill in the Senate and both bills were referred to the Transportation Committee. Download the FREE WPXI News app for breaking news alerts. Follow Channel 11 News on Facebook and Twitter. | Watch WPXI NOW
Yahoo
31-01-2025
- Politics
- Yahoo
NY prosecutors, defense attorneys spar over Gov. Hochul proposal to streamline discovery reform
Prosecutors and defense attorneys squared off outside the courtroom Friday over Gov. Hochul's proposal to close so-called loopholes in discovery laws, a criminal justice reform initiative being blamed for an increase in crime. The discovery reform law that went into effect in 2019 was designed to give defense attorneys quicker access to evidence against their clients. But prosecutors said the strict deadlines and technicalities have caused too many cases to be dismissed, putting dangerous criminals back on the streets. 'Keeping New Yorkers safe is my top priority,' Hochul said during a news conference with district attorneys from across the state. 'My common sense proposal to streamline New York's discovery laws will close fatal loopholes that have delayed trials and led to cases being thrown out on minor technicalities, which will ultimately help crack down on recidivism and provide justice for victims.' Hochul first proposed the changes in her state of the state address two weeks ago, when she said the law led to the release of repeat offenders. A day earlier, Hochul's push for change was backed by NYPD Police Commissioner Jessica Tisch. Backers of Hochul's proposal said more than half of criminal cases in New York City are forced to be dismissed, often because prosecutors say they are unable to hand over the evidence in time. Before 2019, 42% of cases were dismissed. In 2023, 62% of cases had to be let go, according to the Office of Court Administration. 'These unintended consequences have led to the dismissal or reduction in charges in thousands of felony and misdemeanor cases, especially large quantities of petit larcenies, quality of life crimes, DWIs, and assault cases,' said Staten Island DA Michael McMahon, president of the District Attorneys Association of the State of New York. But lawyers behind the initial push for reform said prosecutors and the governor were using fear mongering tactics to scare the public into turning back the clock. Discovery reform has had no discernible impact on recidivism or crime rates,' the Legal Aid Society said in a statement. 'The mental gymnastics performed by prosecutors and others to undermine this successful reform have nothing to do with public safety and everything to do with restoring a system that granted DAs an immense advantage — one they benefited from for decades.' Public defenders said the law was enacted to enhance fairness in the legal justice system, and would return New York to an era of coerced pleas, wrongful convictions, and pre-trial delays. 'Sharing evidence with people accused of crimes does not contribute to a cycle of re-arrest or make our communities unsafe,' the Brooklyn Defenders said in a statement. 'Instead of repealing a statute that works, lawmakers should focus on efforts that actually make our communities safer: resources.' The discovery law grew out of a case involving Kalief Browder, who spent three years in jail on Rikers Island awaiting a trial on charges that he stole a backpack in the Bronx. He could not afford the $3,000 bail. Browder spent most of that time in solitary confinement before the charges were eventually dropped. In 2015, two years after his relief, Browder, 22, committed suicide.
