Pro Poker Player Bradley Ruben Charged in Fatal I-95 Crash in Oakland Park Ate Marijuana Edible - Page 2 - Poker News

We do have a DUI related Vehicular Homicide charge in PA but it is difficult to convict - particularly in Marijuana cases. The law requires the prosecution to prove that the impairment actually caused the death. The prosecution must prove that "but for" the marinuana the victim wouldn't have died. Considering that most vehicular deaths are caused by things often present in the absense of marijuana (speeding, running stop signs etc) this is a, difficult standard.

https://www.pghcitypaper.com/pittsbu...nt?oid=1341625
An article from a local paper that discusses the causation issue.

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06-01-2018 , 08:13 AM

#27

Dream Crusher

banned

Join Date: Mar 2016 Posts: 18,786

Quote:

Originally Posted by tekku7181

why would he admit to eating an edible? if he just stayed at the scene and kept quiet, he would prob be home and not charged

I find it humorous that the first thing you question is why he would admit to eating an edible rather than why he would drive after eating an edible.

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06-02-2018 , 12:35 AM

#28

pghduilaw

centurion

Join Date: May 2013 Posts: 145

Quote:

Originally Posted by Dream Crusher

I find it humorous that the first thing you question is why he would admit to eating an edible rather than why he would drive after eating an edible.

Interestingly enough I find that my clients who are charged with marijuana related DUI exhibit far less "impairment" in driving than those under the influence of alcohol based on Police Officer observations of their driving. Obviously this is anecdotal evidence only.

Oftentimes the police would have no idea that the person ingested marijuana if he/she didn't blurt it out. Of course, the guy who was talking to a cop with a joint behind his ear was basically asking for it.

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06-02-2018 , 01:33 AM

#29

Lego05

Carpal \'Tunnel

Join Date: Mar 2006 Posts: 24,904

Even still, I think Dream Crusher's point was simply that one should not drive after ingesting marijuana. I think that is true regardless of whether the impairment caused is more or less than the impairment caused by alcohol.

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06-02-2018 , 11:01 AM

#30

pghduilaw

centurion

Join Date: May 2013 Posts: 145

Quote:

Originally Posted by Lego05

I couldn't agree more - just because I advocate for people charged with DUI does not mean that I advocate driving under the influence of any substance. It is interesting that marijuana is treated so much more harshly than alcohol because of its history in the U.S. Most people would find it outrageous if they could be charged with DUI weeks after imbibing alcohol as is the case with Marijuana in Pennsylvania.

While that doesn't seem to be the case here, I have represented many people who were NOT actually under the influence of marijuana when driving but had ingested weeks earlier.

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