01-17-2002, 05:51 PM
Next stop for spit and F'n...Idaho
S AN F R A N C I S C O — When he was pulled over by an Idaho police officer for a broken taillight, Matthew Patzer ended up blazing a new trail for the rights of marijuana smokers.
The 21-year-old was stopped in 1998, and after the New Plymouth, Idaho officer noticed his glassy eyes, Patzer admitted he'd smoked marijuana at a party.
Patzer passed two field sobriety tests, but was nevertheless arrested and convicted for driving impaired. He was also convicted on weapons charges for the illegal homemade grenades, a sawed-off shotgun and a modified rifle with a homemade silencer police found in his vehicle.
The 9th U.S. Circuit Court of Appeals (news - web sites) overturned the convictions Monday, however.
The court said Idaho's impaired driving law made it illegal to drive under the influence of alcohol and narcotics, but noted that Idaho doesn't list marijuana as a narcotic.
The three-judge panel ruled that the loophole meant marijuana users could drive legally as long as they didn't drive erratically and could pass a field sobriety test.
Prosecutors said they planned to appeal the decision to the Supreme Court.
Patzer's attorney, Fredilyn Sison, applauded the decision. "Just having smoked marijuana doesn't give somebody cause to arrest you for that when driving," he said.
The ruling also reversed Patzer's illegal weapons convictions.
S AN F R A N C I S C O — When he was pulled over by an Idaho police officer for a broken taillight, Matthew Patzer ended up blazing a new trail for the rights of marijuana smokers.
The 21-year-old was stopped in 1998, and after the New Plymouth, Idaho officer noticed his glassy eyes, Patzer admitted he'd smoked marijuana at a party.
Patzer passed two field sobriety tests, but was nevertheless arrested and convicted for driving impaired. He was also convicted on weapons charges for the illegal homemade grenades, a sawed-off shotgun and a modified rifle with a homemade silencer police found in his vehicle.
The 9th U.S. Circuit Court of Appeals (news - web sites) overturned the convictions Monday, however.
The court said Idaho's impaired driving law made it illegal to drive under the influence of alcohol and narcotics, but noted that Idaho doesn't list marijuana as a narcotic.
The three-judge panel ruled that the loophole meant marijuana users could drive legally as long as they didn't drive erratically and could pass a field sobriety test.
Prosecutors said they planned to appeal the decision to the Supreme Court.
Patzer's attorney, Fredilyn Sison, applauded the decision. "Just having smoked marijuana doesn't give somebody cause to arrest you for that when driving," he said.
The ruling also reversed Patzer's illegal weapons convictions.
<center>![[Image: Dallas713.jpg]](http://home.mindspring.com/~faceman713/sitebuildercontent/sitebuilderpictures/Dallas713.jpg)
Sometimes I get so weird
I even freak myself out
I laugh myself to sleep
It's my lullaby
</center>
Sometimes I get so weird
I even freak myself out
I laugh myself to sleep
It's my lullaby
</center>
![[Image: 1051611752080_drop.jpg]](http://images.andale.com/f2/112/101/11273107/1051611752080_drop.jpg)
![[Image: post-13-05352-iasig.jpg]](http://www.cdih.net/non-cgi/uploads/post-13-05352-iasig.jpg)
![[Image: wb2.jpg]](http://groups.yahoo.com/group/ikeaboymoviepic/files/wb2.jpg)
atan: