New York has joined the rising variety of states which have legalized leisure marijuana. However in a late-breaking improvement over the invoice’s negotiation, it’s going to deal with marijuana worse than alcohol beneath the state’s DUI regime. This differential therapy may need given political cowl for legislators on the fence about passage, however it’s going to wreak havoc on our legal justice system.
Yearly, 1000’s of motorists are introduced into New York courts dealing with DUI expenses. These circumstances fill judges’ morning dockets in courthouses across the state, they require scores of courtroom personnel, they usually bear the main focus of prosecutors and protection attorneys alike. One legislation particularly builds a levy in opposition to this flood: Automobile and Visitors Regulation §1192(1). Beneath this legislation, judges, legal professionals and motorists can resolve DUI circumstances with non-criminal infractions somewhat than legal misdemeanors—deeming the motorists “impaired” somewhat than “intoxicated.” And this incentivizes events to achieve plea offers, for it insures a conviction for prosecutors whereas permitting defendants to keep up a non-criminal document. Absent §1192(1)’s filter, plea offers in DUI circumstances can be much less widespread and lots of extra circumstances yearly would necessitate the assets of trial.