Tuesday, April 9, 2013

AP: Court Overturns Boise DUI Conviction

Posted By on Tue, Apr 9, 2013 at 10:16 AM

The Idaho Court of Appeals has handed down a rare conviction reversal in the case of a Boise man accused of driving under the influence of marijuana.

The Associated Press reprots that the court ruled that Geirrod Stark was certainly impaired but not necessarily under the influence of drugs. In fact, Gerroid's argument was that he suffers from paranoid schizophrenia and bipolar disorder. Additionally, Stark said he was hungry and dehydrated when he was pulled over by police when he made an illegal right turn.

"Although this evidence was sufficient to prove that Stark's ability to drive was impaired, it was not sufficient, by itself, to prove that Stark was under the influence of drugs or intoxicating substances," wrote Justice Jesse Walters.

but the Idaho Attorney General's office isn't giving up just yet. Prosecutors have filed a petition to the Idaho Supreme Court seeking a review of the appeals court opinion, according to the AP.

"We don't have a lot of established law about what the state has to prove on driving under the influence of drugs," said Deputy AG Kenneth Jorgensen. "That's why we think the Supreme Court ought to take a look at this."

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