<p>There goes any hope of a big payday for the family.
<a href=“http://motorsportstalk.nbcsports.com/2014/09/24/in-strange-twist-grand-jury-decision-shows-intent-of-a-different-kind-in-tony-stewart-kevin-ward-jr-tragedy/?ocid=Yahoo&partner=ya5nbcs”>http://motorsportstalk.nbcsports.com/2014/09/24/in-strange-twist-grand-jury-decision-shows-intent-of-a-different-kind-in-tony-stewart-kevin-ward-jr-tragedy/?ocid=Yahoo&partner=ya5nbcs</a></p>
<p>That’s a very sad story. Thanks for sharing the update. I was not aware of the toxicology report on the victim. Seems counter intuitive to use pot before racing. You’d think you’d want to be sharp and in hyper-control, and you’d think it would have mellowed him out rather than raging into traffic. </p>
<p>I’m dubious about this: “There is toxicology evidence in the case relating to Kevin Ward that actually indicated at the time of operation, he was under the influence of marijuana,” because I don’t think we have a test that detects whether the person is under the influence of marijuana. All we have, AFAIK, is a test that tells whether the person has used marijuana in the last two to four weeks.</p>
<p>I haven’t been in the mode to watch the actual accident, and I don’t think I will. Only Tony Stewart knows what went through his mind at that instant. And only Stewart knows if he saw the young man or not. I haven’t heard or seen a statement from Stewart that he didn’t see him.</p>
<p>I think you could still make a case against Stewart in civil proceedings for wrongful death, but it probably requires a “more likely than not” determination of intent or reckless action, which would require a lot of testimony from drivers as experts, and is likely to be inconclusive at best.</p>
<p>Actually, there are THC cutoff levels indicating whether someone is intoxicated or not. Look at Colorado and Washington state laws which went into effect with the legalization of marijuana.</p>
<p>Yes, you can detect if someone has used it within 30 days or so, but you can also determine the THC level in the blood.</p>
<p><a href=“Drug and Alcohol News Archive - Partnership to End Addiction”>Drug and Alcohol News Archive - Partnership to End Addiction;
<p>You should read up on it if it is pertinent to your situation. It has been used in other cases when there was talk of someone else being at fault, but the driver showed high enough THC levels to be considered impaired.</p>
<p>You could compare the level to the level of opiates necessary to be considered impaired - if someone has developed a tolerance for opiates, they could be “clean” for a few days and show up as positive and not have any real impairments. But there is no way to tell that, so the levels represent the minimum level to be considered impaired based on studies in general populations, not addicts or habitual users.</p>