Depending on the nature of the car crash, there can be several different laws to take into consideration when assigning fault and sentences. Place of the incident, whether or not anyone was speeding, driving without insurance, driving without registration, failing to yield, etc. If drugs are involved, the legislation to consider increases exponentially. That’s why it’s important to know the laws that pertain to drug-related car crashes.
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50 States, 50 Sets of Laws
While there are some federal laws that take precedence in terms of drug-related car crashes, there are some state laws that could complicate things. Medical marijuana, for example, is legal in 16 states, even though marijuana is illegal at the federal level across the entire country. While impaired driving under any substance leads to harsher sentences, sober drivers who have marijuana in the car in the event of a wreck may or may not face extra charges depending on what state they’re in and if they have a medical license to carry the marijuana. Issues like these are worth reading up on as this is just one example that changes state by state. A great resource to study the drug-related car accident laws in your state is www.totalDUI.com, where you can also find a DUI lawyer near you.
What’s Your Schedule?
Another huge factor is how the drug is classified. The Controlled Substances Act of 1970 enacted a system of classifying each drug on the level of severity. Schedule V controlled substances, such as cough syrup with codeine, are considered to be the least harmful classification. Schedule I controlled substances are considered the most dangerous; heroin, ecstasy, and psychedelic mushrooms can all be found here. It’s important to note that alcohol is exempt from the list, and marijuana, one of the most widely used illegal drugs, is classified as a Schedule I controlled substance. The classification of the drug in question can have an effect on the sentence’s severity.
Finding the Best Representation
Take some time to find the best representation for your case. Lawyers specialize in all kinds of areas: immigration, intellectual property, zoning, etc. Find a lawyer or firm that’s well-known for representing defendants of a drug-related car crash. Check online, check out their background and credentials, including the organizations and associations they belong to. Ask your friends if they can recommend anyone. Many lawyers get referrals from friends of friends of former clients.
In short, the best ways to learn the laws about drug-related auto accidents as they apply to you are to study on your state’s specific laws and talk to an attorney who’s knowledgeable in the subject. For such a complicated subject, it’s worth reaching out to the experts.