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Marijuana Impaired Driving: Proposed Updates To California Vehicle Code Sections 13353.2, 23152 & 23153, B. Otis Felder Esq.
Marijuana Impaired Driving: Proposed Updates To California Vehicle Code Sections 13353.2, 23152 & 23153, B. Otis Felder Esq.
B. Otis Felder Esq.
The article discusses the current problems in prosecuting driving under the influence of marijuana and the evolution of the paradigm in prosecuting driving under the influence of alcohol. To deter those who use marijuana from driving impaired, the article proposes that Sections 23152 and 23153 of California’s Vehicle Code, which govern driving under the influence of alcohol and drugs, should be updated to set an objective limit. Whether a per se limit or an inference is implemented, the article also proposes that Vehicle Code Section 13343.2 be amended so as to authorize the California Department of Motor Vehicles to be …