Car Accident - Other Driver Smoking Pot

My car was broadsided when another driver ran a red light.  He reeked of pot, and the cops gave him a ticket for operating under the influence.  I thought you could only get a ticket for operating a vehicle under the influence of alcohol? 

Marijuana affects one's ability to operate a vehicle.  Recently published research indicates that the when one is using pot that overall odds of a crash are 2.66 times higher than for those who were not using it.

Tennessee Code Annotated Section 55-10-401(a)(1) provides that

It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises that is generally frequented by the public at large, while under the influence of any intoxicant, marijuana, controlled substance, drug, substance affecting the central nervous system or combination thereof that impairs the driver's ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of himself which he would otherwise posses.

Thus, those who choose to use pot and drive can be charged with operating under the influence just like an alcohol user.

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About John A. Day

I am a fifty-three year old lawyer who is fascinated by the law of torts. I have studied the field for over twenty-nine years. I represent plaintiffs in personal injury and wrongful death cases.

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