Kentucky legislators place Senate drugged driving bill as amendment to House crime bill

Nathan Miller from MPP informs us of some bad news from a member of the Kentucky Association of Criminal Defense Lawyers:

SB 5, the drugged driver bill, has been filed as Senate Floor Amendment 1 to House Bill 369. It is believed that HB 369 will be brought to a vote during the next three days, and that SFA1 will be called. The essence of the floor amendment is that it would allow for a conviction for DUI when a blood test taken within 2 hours of operation shows the presence of a controlled substance other than those few listed in KRS 218A.090(5). No impairment would have to be shown. This WOULD INCLUDE MARIJUANA and many many other substances such as adderol, ritalin, ambien, and numerous anti-depressants. By not requiring impairment, the bill would ensnare many innocent drivers. While the amendment would create a defense allowing for the showing of a prescription and compliance with restrictions, it would cause persons to be arrested, to have to post bond, to have to hire a lawyer, and go to trial in order to prove the defense.

Several other amendments to HB 369 have worsened the bill, such as increasing penalties for boating while intoxicating, and creating a gang theft section of the criminal syndicate statute which would reduce from 5 to 2 the number of persons constituting a “criminal syndicate” for theft of retail merchandise. The end result is that if 2 people conspire to shoplift, they commit a Class C felony even if the theft would otherwise be a misdemeanor.

The House passed HB 369 (before amendment) 98-0 and the Senate passed SB 5 34-1, so I am guessing that the chances of this bill making it through as amended are pretty good.

Please contact your Kentucky legislators and tell them misusing DUI laws to convict people who may not be impaired is wrong.