Podcast 007: A DUI-What?




Uncommon Sense: the This is True Podcast show

Summary: In This Episode: We talk about two stories: the new “DUIE” law in Washington state, that was the subject of last week’s “Story of the Week” (right: click to see larger), and this fairly amazing story also from last week, about a minor slap on the hand for an apparently long-term sexual predator.<br><br> <br> <br> Blame the Victim<br> Tara Yvonne Stumph, 36, a teacher at Arroyo Grande (Calif.) High School, was charged with multiple felony and misdemeanor counts of unlawful sex and child molestation after she engaged in a year-long sexual affair with a 16-year-old student. She pleaded guilty to one felony in a plea bargain that resulted in the other charges being dropped. In exchange, she’ll serve just 90 days in jail, and not have to register as a sex offender. Her teacher’s license has been revoked, and the judge in the case ordered Stumph to not go near any middle- or high schools for the four years of probation after her jail term. The boy’s family was apparently disappointed in the slap on the hand: they have sued Stumph, the school district, and several school officials, alleging that Stumph had victimized another boy previously, and that case was swept under the rug, allowing her to victimize their child. In response, Stumph has sued her victim, claiming he “defamed” her, which damaged her reputation and career. (RC/San Luis Obispo Tribune) …She has a reputation that can be tarnished?<br> <br> Jump To…<br> <br> * <a href="#notes">Show Notes</a><br> * <a href="#subscribe">How to Subscribe</a><br> * <a href="#comment">How to Comment</a><br> * <a href="#transcript">Episode Transcript</a><br> * <a href="https://thisistrue.com/category/podcasts/">List of All Episodes</a><br> <br> <a name="notes"></a><br> Show Notes<br> <br> * I didn’t explicitly mention it during the episode, but most readers know I volunteer as a medic. I’ve written up a number of my <a href="https://thisistrue.com/category/ems-story/">EMS Stories</a> here on my blog.<br> * Colorado’s “Drive High, Get a DUI” public outreach program — after a post-legalization of marijuana survey that found 55 percent of marijuana users said they believed it was safe to drive while under the influence — has resulted in a major reduction in marijuana-related DUIs, the <a href="http://www.denverpost.com/2017/04/17/marijuana-duis-drop/">Denver Post reported</a> in April: a one-third drop in the first quarter of 2017. The Colorado Dept. of Transportation notes on their <a href="https://www.codot.gov/safety/alcohol-and-impaired-driving/druggeddriving/marijuana-and-driving">FAQs: Cannabis and Driving</a> page that “Colorado law specifies that drivers with five nanograms of active tetrahydrocannabinol (THC) in their whole blood can be prosecuted for driving under the influence (DUI). However, no matter the level of THC, law enforcement officers base arrests on observed impairment.” — and that standard applies whether the marijuana is used recreationally or for a medical condition.<br> * Washington’s <a href="http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.502">law appears similar</a>, but not as clearly worded. A driver is presumed to be DUI if the “person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person’s blood made under RCW 46.61.506,” it says, but doesn’t specify 5.00 what! (Though similarly, it says that the standard for alcohol concentration is “0.08 or higher” without specifying units, and similarly, drivers are guilty of DUI if “under the influence of or affected by intoxicating liquor, marijuana, or any drug” without specifying any particular measurement of an intoxicant.)<br> * <br> What is Stumph (pictured) asking for in her lawsuit? “Stumph is suing for indemnity for any judgments rendered against her,