Court: Roadside Drunken Driving Tests Not Valid For Pot

BOSTON (CBS/AP) — The highest court in Massachusetts has ruled that field sobriety tests typically used in drunken driving cases cannot be used as conclusive evidence that a driver was operating under the influence of marijuana.

The Supreme Judicial Court on Tuesday said police officers could testify with their observations about how a person performed during a roadside test. They would not be allowed to testify as to whether a person passed or failed a sobriety test or offer their own opinions about whether a driver was too high to drive.

The justices said there is currently no reliable scientific test for marijuana impairment.

Chief Legal Counsel for the Mass. Bar Association Martin Healy said to WBZ NewsRadio 1030, that the decision “does continue to tie the Commonwealth’s hands and police officers’ hands in evaluating and testifying in court regarding someone operating under the influence of marijuana.”

While adult use of recreational marijuana is now legal in Massachusetts, the court noted it’s still illegal to drive while high on pot.

(© Copyright 2017 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)

 

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