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Opinion
Jul. 20, 2008
Copyright © Las Vegas Review-Journal

EDITORIAL: Under the influence, but not impaired

Another potential absurdity under 'Porter's law'

A new police report shows off-duty Nevada Highway Patrol Sgt. Edward Lattin had more marijuana in his system than state law permits when he triggered a three-car crash that left one person dead last month.

Lattin, 46, who supervises a team that investigates fatal crashes, volunteered to undergo a blood test at the scene of the crash and as a result was arrested Tuesday on one felony count of drug-related driving under the influence resulting in death. He remained in the Clark County Detention Center Wednesday night with bail set at $50,000.

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    • The June 11 accident near Rainbow Boulevard and Hacienda Avenue claimed the life of 49-year-old Ying Warren.

    Comparisons to the case of stripper Jessica Williams, who fell asleep at the wheel in March 2000, mowing down and killing six teenagers sentenced for minor infractions to pick up trash in the median of Interstate 15, are unavoidable.

    Williams, who used Ecstacy 10 hours before the crash and smoked marijuana two hours before the accident, is serving 18 to 48 years in prison for driving with prohibited substances in her blood, even though her jury determined she was not impaired at the time of the crash.

    The county authorities who allowed those teens to be placed in jeopardy along that highway faced no punishment whatever. Taxpayers covered their liabilities.

    Lattin had two to five times the legally permitted amounts of THC in his system at the time of the more recent crash, depending on how the active agent from marijuana is measured. "All we can say is that he was under the influence, but it doesn't mean he was impaired," says Metropolitan Police Department Deputy Chief for the Special Operations Division Joe Lombardo.

    Lattin, who was not arrested at the site of his crash, remains on paid administrative leave.

    Robert Langford, a local defense attorney who represents those charged with marijuana offenses, speculates Lattin would probably not have volunteered for a blood test if he had recently ingested pot -- the highway patrolman may not have realized tests can show drug residue from use up to 30 days in the past.

    Will Lattin now get kid glove treatment, compared to what befell Jessica Williams -- who was certainly not sent home from the crash site to await developments? The sergeant's bail has already been set at a quite manageable $50,000 -- while Wiliams' was set at $5 million.

    If the sergeant is indeed found culpable and faces some punishment of less than 18 years in prison, Jessica Williams' punishment should be commuted to match the highway patrolman's.

    Or do we have different standards of justice in Nevada for cops than we do for strippers?

    The law that sent Jessica Williams away even though she was found not to be impaired -- known as "Porter's law" because it was sponsored by then-state senator, now U.S. Rep. Jon Porter -- is absurd, says Neal Levine, who managed the 2006 initiative campaign to legalize medical marijuana in Nevada.

    "The current Nevada law sends people to prison for a crime they didn't actually commit, which is vehicular homicide," he says.

    Mr. Levine is correct. Of course no one who causes a death through negligence or misbehavior should walk away without paying some penalty. But that penalty should be proportional to the misbehavior. Enhanced penalties for driving while impaired make sense, but should be limited to what might reasonably be expected to lead an impaired driver to say, "Whoa, I can barely walk -- call me a cab."

    Filling our prisons with drivers who consumed some regulated substance in the past, but who cannot be proven impaired at the time of their accident, is to extend the already counterproductive "War on Drugs" to the point of insanity.

    Yes, punish them for causing accidental deaths, if they're found culpable. But only for that -- their actual crime.

    Extra, vindictive punishment for Lattin because he may have consumed a cannabis product at some time in the past month is wrong. Hideously wrong, no matter what his line of work.

    Just as wrong as it was for Ms. Williams.



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    gary perris wrote on July 23, 2008 01:38 PM: A nanogram is one part per billion. At lattin's level, had he done a USDOT piss test like truckdrivers are forced to do, he would have kept his job.
    There is no direct corelation between marijuana metabolite measurements, or nanogram measurements and impairment.


    John Thomas wrote on July 20, 2008 09:47 PM: This article is a good one. It is simply fraudulent persecution to make a criminal out of someone for driving while not intoxicated. It is really nothing more than a witch hunt.

    Further, even if a person has just consumed marijuana, he/she is not nearly as impaired as someone who has consumed alcohol. Some studies have shown people who have consumed marijuana driver safer than perfectly straight people.

    Let's let go of the propaganda-induced hysteria and focus on the facts, please.


    John Koval wrote on July 20, 2008 07:05 PM: It appears, that something is wrong in the charges pending Trooper Lattin. Why would a trained police officer, whose is an expert in fatal crashes, willing submit to a blood test, if he had something to hide?? Common sense and the law often don't matter. In this case if it was remotely possible, that I had any narcotic traces in my blood, I would not offer to take a blood test. Trooper Lattin obviously thought, he didn't have any trace of any narcotics in his blood. He was not driving a government or commercial vehicle, did not have to take a blood test and probably was devasted of the results of the accident and offered to be tested, to avoid any second guessing later. The law passed for traces of THC found in blood tests, never should have been passed. THC traces have been found in traces of everything and anything made from Hemp oil. Hemp oil is used in cooking products, paint products, cosmetics, frozen waffles and many other products. Just as years ago it was finally discovered that poppy seeds could show a positive drug use results in a blood test, the THC traces found in blood tests could be from a legitimate consumption of a food product or health supplement. The very high sensitivity of drug-testing urinalysis procedures has detected THC in some people who consume hemp oils. I have a real problem accepting the charges on Trooper Lattin are proven by traces of THC, in a blood test. If I was an investigator, I would be trying to get search warrants for Lattins home, and vehicles and try to prove the drug use allegations. Did Metro officers who responded to the accident suspect he was Impaired? Wouldn't they have arrested him?


    Shirley wrote on July 20, 2008 05:35 PM: Mike K., did you read the editorial? That's the entire point! The law in Nevada does not accurately measure whether or not you are f___ed up. You can have over 2 1/2 times the legal limit and still not be impaired!

    That's teh only reason this is a big deal. If we had a good law, and this guy was guilty, the only debate would be where we find a tall and sturdy enough tree!


    Shirley wrote on July 20, 2008 05:25 PM: A.C is correct when he/she states marijuana in your system can't be compared to having a few too many and then getting behind the wheel, on two points:

    1. Someone who drinks and drives is a far bigger danger to those around them, although anyone who drives while impaired with any substance should face the full power of the law.

    2. The law for alcohol intoxication accurately measures whether or not someone was impaired. The law for marijuana does not do this.

    It doesn't matter that marijuana is illegal (it shouldn't be, and I hope we see an new question to vote on soon! Are you reading this Neal????), you should not be found guilty of DUI if you're not driving impaired. The penalty for possessing marijuana in Nevada is a fine, not a long jail sentence. That's the point -- it's a dumb law for marijuana DUI. And if we had a good law, and this guy was guilty of it, then you would see so many people up in arms about this.

    A bad law is a bad law, and people going to prison for crimes they did not commit is injustice. Plain and simple.


    OMG wrote on July 20, 2008 03:34 PM: OMG - lets see what happens. Will he be sentenced the same as Jessica? Does Las Vegas treat young pretty women (strippers, cocktail servers, etc)differently than men (much less police)...DUH!!!! Judgemental peolple...have you ever lost focus while driving, driven while sleepy, scolded your kids, ate a snack, lit a cigarette, changed the station on your radio etc...Accidents happen!!! If he was impaired, punish accordingly..if not..release Jessica Williams yesterday!!!


    A.C. wrote on July 20, 2008 02:17 PM: The Nevada Revised Statues makes allowances for possible second hand inhalation. The levels found in the Trooper's blood were
    above and beyond that. And unfortunately, Sgt. Lattin's poor decision making will have life long consequences, not only for he and his family, but also for the family of the victim. Marijauna is illegal ,Period. So it can't even be compared to having a few too many drinks and getting behind the wheel. Marijauna is illegal, Period!


    Genius wrote on July 20, 2008 01:40 PM: This is a disgrace. The RULE should be, you drive a vehicle under the influence of any substance and you MURDER someone while driving under the influence, then you get to face the DEATH PENALTY. Period. Enough of this nonsense. It's been going on too long and nothing of any substance is truly being done about it. Drugs, alcohol, anything... you drive under the influence/intoxication and you kill, you get the death sentence. There are absolutely no excuses, even with medicinal intoxicants. We need judges with some semblence of intelligence and not allow these MURDERERS back into civilized society. And for a police officer to be driving under the influence, well, he should be made a prime example, for violating his oath of office and his show of disrepect for the people that pay his way in life. I back the badge 100% with the realization that there are a few rotten apples in the barrel; and those apples need to be destroyed.


    Brian Kominsky wrote on July 20, 2008 01:17 PM: There's a legal limit for blood levels of marijuana? Really? That's sort of surprising.

    Well, anything is possible when vices are turned into crimes.


    SickOfItAll wrote on July 20, 2008 12:42 PM: Attorney Langford says the officer did not know that THC could stay in your bloodstream for a long time. Anyone who has ever used pot knows this! This is why employees who are regularly drug tested [as cops and firefighters should be!] will use coke, alcohol, or ecstasy, but not marijuana! Either this lawyer is naive, stupid, or lying!


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