Brian O'Neill, a 20-year-old West Nantmeal man on trial for vehicular manslaughter and felony DUI, tested positive for marijuana, according to the West Chester Daily Local. But since THC (the herb's active component) remains in the system for up to a month after ingestion, the question is whether he was actually stoned at the time of the incident.
Daniel Bush, Brian O'Neill's Pennsylvania DUI lawyer, insists that the prosecutor's evidence must prove that the marijuana in his system at the time of the accident was actively intoxicating and impacted his ability to drive a car:
"What you will see is that this case really was just an accident, one with horrific results that has ripped apart families on both sides of the case, but nevertheless just an accident."
Chief Deputy District Attorney Robert Miller told the jury that Brian O'Neill had indeed been heavily intoxicated by marijuana at the time:
"They died because Mr. O'Neill spent the whole day with his buddies ... smoking pot."
The defendant was driving his dad's pickup truck when he drove the wrong way up an exit ramp. Victims George Parker, 47, and 45-year-old Diane Parker were driving their Suzuki Sidekick in the right lane when Brian O'Neill's truck collided with their car. the head-on collision left the Suzuki crushed and the couple was killed instantly.
Motorists who stopped after the crash, as well as the ambulance crew, told police that Brian O'Neill was "dazed" and "spacey." While that may describe anyone in the aftermath of a serious accident, especially a fatal one, an officer told the jury that his blood exceeded the THC concentration level considered "intoxication" by nearly six times.
And Brian O'Neill's roommate, Bobby Kevil, testified that he and the defendant smoked a "particularly potent" type of marijuana at their apartment on the afternoon and evening before the crash.
As this case illustrates, though, proof of marijuana intoxication is hardly as simple to determine as evidence of alcohol impairment.
Related Resources:
-
Find a Philadelphia DUI Lawyer (FindLaw)
-
Man Calls 911 to Report Missing Marijuana, Gets DUI (FindLaw's Legally Weird Blog)
ShareThis
