BOISE, Idaho (AP) â€” The Idaho Court of Appeals has overturned the conviction of a Boise man for driving under the influence of marijuana, a rare reversal for a kind of case legal experts say is typically settled by the science of blood testing.
In a decision issued late last week, the court reversed Geirrod Stark’s 2010 misdemeanor conviction on grounds that the blood tests taken after his arrest only proved he had used marijuana recently, not on the specific day he was pulled over by police.
While there is no question Stark was impaired that day, wrote Judge Pro Tem Jesse Walters, there was no proof that drugs â€” and not some other condition â€” caused the erratic driving.
What a notion. If you’re going to charge someone with driving under the influence of marijuana, they should actually be under the influence of marijuana. Such common sense logic is seldom found even in the general neighborhood of our justice system.