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News (Media Awareness Project) - US NV: Driver Fails Test Under New Drug Law
Title:US NV: Driver Fails Test Under New Drug Law
Published On:2000-03-24
Source:Las Vegas Review-Journal (NV)
Fetched On:2008-09-04 23:37:49
DRIVER FAILS TEST UNDER NEW DRUG LAW

Blood test results for a young woman driver accused of running over and
killing six teens Sunday show she had more than twice the amount of
marijuana in her system needed to charge her under a new drug law.

Deputy District Attorney Bruce Nelson said the tests showed Jessica
Williams, who turned 21 years old today, had 5.5 nanograms of marijuana per
milliliter of blood in her system within 90 minutes of the accident.

Under a new law that went into effect Oct. 1, anyone driving with two
nanograms or more of marijuana per milliliter of blood is presumed to be
under the influence of the drug.

Prosecutors have said the law is supposed to help them in proving there is
a correlation between drugs and accidents.

Nelson said the district attorney's office is preparing a criminal
complaint against Williams charging her with six counts each of involuntary
manslaughter, reckless driving, driving under the influence of a controlled
substance and DUI of a prohibited substance.

Chief Deputy District Attorney Gary Booker said the complaint, which will
likely be filed by Monday, will also charge Williams with possession of a
controlled substance, being under the influence of a controlled substance
and possession of narcotics paraphernalia.

Justice of the Peace Tony Abbatangelo told Booker earlier this week that if
the complaint is not filed by Wednesday Williams will be released from jail
on her own recognizance.

The case against Williams is expected to be presented to a grand jury on
April 11.

Williams, who lives in Littlefield, Ariz., and Las Vegas, is currently
being held in the Clark County Detention Center on a $5 million bond. She
has been charged with six counts of felony DUI, six counts of felony
reckless driving and one count of possession of a controlled substance.

According to police, Williams was driving down Interstate 15 near the Las
Vegas Motor Speedway when her minivan careened 200 feet across the dirt of
the median, hitting a group of teenagers who were on probation and picking
up trash to work off their fines.

Scott Garner Jr., 14, Alberto Puig, 16, Anthony T. Smith, 14, Rebeccah D.
Glicken, 15, and Malina M. Stoltzfus, 15, died at the scene. Jennifer
Booth, 16, died at University Medical Center the next day.

Williams' defense attorney, Ulrich Smith, was unavailable for comment this
morning.

John Watkins, a Las Vegas defense attorney who has consulted with Williams
and who has specialized in DUI cases for more than 20 years, said earlier
this week he believes the new law is unconstitutional.

Just because someone may have traces of a prohibited substance in their
system does not mean they are impaired, Watkins said.

People convicted of DUI of a controlled substance or DUI of a prohibited
substance are not eligible for probation, Booker said. The crimes are
punishable by two to 20 years in prison and a $2,000 to $5,000 fine on each
count.

Reckless driving is punishable by probation or one to five years in prison
and up to a $5,000 fine.

Those convicted of involuntary manslaughter are also eligible for
probation, but the prison sentence is one to four years.
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