that does not change the fact he was smoking pot while driving. There is no safe way to drive while “baked”.
If anything, given the duration of the marajuana in the body, the penalties should be enhanced for driving while on pot. Perhaps quadruple across the board. (four times the enhanced intoxication penalty, four times the money cost, four times the probation, and AUTOMATIC jail time.)
Perhaps driving while on pot should be a felony case right out of the gate.
Fact #1. The pedestrian stepped out into the middle of traffic.
Fact #2. The pedestrian became road kill.
Fact #3. There are no facts as to whether the driver was or was not under the influence of marijuana at the time.
Teach those smart tokers they ain't so smart.
But let the fact be facts more people are killed every year in non drug/drunk driving crashes every year.
Then in crashes that the drivers have some impairment.