Wisconsin Drugged Driving Law Challenged in Court
Several defense attorneys are challenging Wisconsin's new drugged-driving
law, arguing that it is unconstitutional because it doesn't set
a specific standard for illegal activity, the Associated Press reported
June 1.
Under the Baby Luke law, it is illegal for drivers to have "any
detectable amount" of illicit drugs, such as cocaine or marijuana,
in their bloodstreams. The law was named after an infant who died
in a car crash caused by a driver who had taken cocaine.
"Unlike consumers of alcohol, for which empirical evidence
shows a relationship between blood level and impairment, drug users
can be penalized for the mere use of a restricted substance even
after considerable time has passed, so long as it is allegedly detected
even under what is here an undefined standard," said defense
attorney Laurence Moon. "This discrepancy is irrational."
Janine Geske, a distinguished professor at Marquette University
Law School and former state Supreme Court justice, said the defense
attorneys have a legitimate argument. "Because this law is
not like operating while intoxicated, and there is no specified
amount, I think that is a serious, legitimate issue to raise,"
she said.
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