DUI for Marijuana on Rocky Mountain National Park
1 About Me 8
2 Education
3 Philosophy
4 Politics
5 News
6 Travel
7 Sports
8 Funding
Page Table of Contents
1 My Youtube Videos talking about the case
2 Stuff I need
3 Scientific Papers Concerning Case
4 Other People's Videos about DUIs for Marijuana
5 My Letter to the Court
6 Original Songs About the Trial
7 Ridiculous Marijuana Laws that still exist in Colorado
1991 Volkswagen Vanagon Westfalia for sale $15,000
1 Scientific Papers Concerning Case
1 No evidence that weed laws reduce traffic fatalities by D. Mark Anderson of Montana State University and Daniel Rees of the University of Colorado
2 How they came up with 5NG BS
1 Original Songs About the Trial
1 Fighting for Freedom
1 Ridiculous Marijuana Laws that still exist in Colorado
1 Minimum incarceration for 2nd time caught with weed on Federal land.
2 No Marijuana in Rocky Mountain National Park
14 Youtube Videos I did about Marijuana before I was arrested with date, hits and % Likes
1 Happiest Moment of my Life - Requets 5/31/15 8/20 531 15%
2 Weed & My Timeline
3 Marijuana's Relationship to Mid Life Crisis - Request
4 Marijuana perception related to legalization & reasonable amounts to smoke - Request
5 We should have marijuana class in school
6 We Must All Mention Marijuana & Psilocybin Mushrooms
7 Problems smoking weed causes
8 Why Marijuana is Illegal - Request
9 Marijuana & Endurance Sports Request 2/22/15 8/20 238 57%
10 Different ways I smoke Weed
11 How has habitual drug used changed my personality and life - Request
1 Other People's Videos about DUIs for Marijuana
1 LEGALITY with Denver DUI Defense Attorney Doug Thomas
1 Legal Reasons to get a Medical License
1 Severe Pain
2 HIV/AIDS
3 Seizures
4 Persistent Spasms
5 Glaucoma
6 Cancer
7 Cachexia
8 Severe Nausea
1 Things to find out
1 Who pays for the don't drive stoned ads?
1 DUI for Marijuana Laws from Cases
1 Stanger v. Colorado Dept. of Revenue, Motor Vehicle Div., State of Colo., 780 P.2d 64 (1989) -- An arresting officer has the discretion to demand a driver to submit to tests in order to reveal the presence of drugs if driver is suspected of DUI-drug offense. The driver has no right to choose which test.
2 Cox v. People, 735 P.2d 153 (1987) -- Since driver may have reason for refusing to submit to test that is unrelated to consciousness of guilt, inference of intoxication that is permissible from evidence of driver's refusal to take blood or breath test is rebuttable.
3 Drake v. Colorado Dept. of Revenue, Motor Vehicle Div., 674 P.2d 359 (1984) -- Generally, an arrested person has no right to consult with an attorney before taking a chemical test. If a defendant refuses to consent to testing before talking to an attorney, such behavior will generally be deemed a refusal.
4 Halter v. Department of Revenue of State of Colo., Motor Vehicle Div., 857 P.2d 535 (1993) - Officers' request that driver undergo drug testing was reasonable where breath test showed no presence of alcohol but driver displayed various indications of intoxication. If an officer has probable cause to supported arrest and breath alcohol test, officer also may request that driver submit to drug test. If driver passes the breath test, drug use is a reasonable explanation for driver's intoxication regardless of whether other evidence existed to support search for drugs.
5 Dayhoff v. State, Motor Vehicle Division, 595 P.2d 1051 (1979) -- Driver not driving on public highway is not controlled by implied consent statute. Driver may refuse test without license suspension.
6 Thompson v. People, 510 P.2d 311 (1979) -- Standard of proof for DUI is "substantially under the influence," rather than intoxication to the "slightest degree". The degree of intoxication must be substantial so as to render one incapable of safely operating a vehicle.


In my defense, I would like the Court to know that I am an excellent driver with a clean record and feel the speeding charge against me came as a result of a bad decision because of fatigue from driving through winding mountains all day.  
 The car I was highway driving for the first time, loaned by my roommate, is much faster than my 20 year old Volkswagen Vanagon.  I am giving the Court photos of both vehicles as evidence of this fact. 

On Sunday, July 12, I wanted to show an out-of-state visitor who had just arrived the night before,  a tour of the best mountain places around Boulder that I frequented growing up.  Briefly put, I did not plan the day’s excursion well and tried to show my friend too much in one day.    I was stopped for driving 55 in a 35 twelve hours after I left my home at 10 am that morning.   I drove over 380 miles that day, including Nederland, Georgetown, Keystone, Breckenridge, Loveland Pass and Rocky Mountain National Park, in addition to several side hikes.

I was traveling through the National Park from about 9-10PM and was vigilant about the 35 MPR speed limit. My friend was not feeling well from the altitude and I was especially careful driving because of her headache and general discomfort.   Nonetheless, during a straight away area of the road as we were nearing the exit of the Park, I saw two cars in front of me and thought it would be easier for me to pace behind them, as I often do with highway driving and cycling, to help me maintain the speed limit without having to keep my eye on the speedometer.

After I  saw the flashing speed limit sign and slowed down to 35 and passed through the entrance gate, I accelerated to catch up with the two cars in front of me and that was when the Park Ranger cited me for speeding.  In hindsight to accelerate like that to catch up with the cars in front, for the reason of pacing behind them, was a stupid thing to do but not related to Marijuana. 

I honestly feel it unfair to ask someone who has been driving for several hours not to be given an opportunity to walk around to find my “land legs” before being asked to walk a straight line and balance on one leg as I was immediately asked to do. I put my foot down after nine because of extreme shakyness in my leg due to nervousness and lack of practice walking that I deserved. Other than the jittery leg, my balance was fine and the video will reflect this. My leg was shaky from continuously driving my car all day, being dizzy from windy mountain roads that my body is not accostomed to, having not eaten since late afternoon and also very nervous about being stopped. I have Autism Spectrum Disorder and one of the consequences of that is shaking when nervous.

Two additional Park Ranger cars, and three more officers, joined the first Ranger who stopped me.  The two Rangers who drove me off were rude to me on several occasions, such as yelling at me twice, shoving me through a doorway, and putting their hands on my shoulders at the jail.

I agreed to the blood test and my rights were read to me at the Medical Clinic in Estes Park before I gave my blood specimen.  I was cooperative with the Park Rangers throughout the entire experience.

The Car Registration and Proof of Automobile Insurance were taken and have yet to be returned.   

It never occurred to me that Colorado laws regarding the use and possession of Marijuana do not apply in the National Park.   If I had known, I would have been a lot more careful.  It seems not only appropriate but important that the State of Colorado and/or the National Park Service inform the public of this legal discrepancy.

The use of Marijuana is my daily habit, mainly while working on an intricate website I am developing.  My friend is not used to pot and I  smoked very little on that day.  

I am giving the Court photos of my car and my roommate’s car that I was driving that day.   This was the first time I have driven his car on the highway and was aware it was not only a much faster car than what I am used to, but also quieter.   I did intentionally speed briefly in the Park on a very straight part of the road, with the thought to “pace behind” the cars in front of me, to help keep my speed at 35 MPH, as we were leaving the National Forest, and obviously that was a stupid thing to do.  

I never through the entire day felt that my driving was impaired from the brief periods of Marijuana use earlier in the day.    I submit to the Court a hair analysis report that will reflect my daily habit of long-standing use of Marijuana.   I am a YouTube star who is known for being an advocate of  Marijuana Legalization and I publicly share my daily habit for the purpose of educating the public on the positive mental effects of the plant.

There should have been conversation involved in my DUI Test, because if there had been, they would have noticed that I was coherent enough to drive a car. I would have been willing to do any challenge asked of me because I like those kinds of games. In the future when they aquire body cams due to the Michael Brown law, I hope to enjoy watching Police Officers in Colorado on YouTube save lives of pot tourists with amusing DUI tests that involve asking the subject questions that only a person who is too stoned would have trouble answering. Stoned drivers are supposed to be a danger to themselves and others because of what it does to their minds, not their balance. The word of two people who cannot provide video evidence of my DUI test and have a vested interest in prosecuting me should not be held superior to my own video that proves that I do not lose my balance when I am as stoned as I can possible be. I filmed this video in front of the drug testing place to show how high I was when my blood was taken.

 

 

 

 

 

 

 

 

 

 

 

list of people who have gotten off because of no dash cam evidence

ask attorney about deadlines to file motions

"Possession of marijuana is punishable by up to one year in jail and a minimum fine of $1,000 for a first conviction. For a second conviction, the penalties increase to a 15-day mandatory minimum sentence with a maximum of two years in prison and a fine of up to $2,500. Subsequent convictions carry a 90-day mandatory minimum sentence and a maximum of up to three years in prison and a fine of up to $5,000."

"First offense (DUI, DUI per se, or habitual user) - imprisonment in the county jail for a mandatory minimum of five days but no more than one year; fine of at least six hundred dollars, but no more than one thousand dollars; at least forty-eight hours but no more than ninety-six hours of useful public service; the court may impose a period of probation that shall not exceed two years, which probation may include any conditions permitted by law.Id. § 42-4-1307(3)."

Do a Marijuana money spent of bullshit chart

1 Stuff I need
1 List of DUI Cases aquited from lack of dash cam
2 My Youtube Videos talking about the case with date & date of hit check, hits & % likes
1 I got a DUI for Marijuana on RMNP 8/8 8/19 519 73%
2 Blood Test w/ DUI Test to show I can't lose balance or wits on weed. Results coming soon. 8/18 8/19 93 72%
3 Vlog 8-18 My DUI for weed trial is 10-10, representing myself 8/18 8/19 97 81%
4 Stupid Marijuana laws in Colorado
5 The similarity between Nazi's in WW2 Germany and modern day Bigots
6 Pre Trial Statement
7 Post Trial Statement upon Conviction
8 Post Trial Statement upon Aquital
9 Post Trial Statement upon Conviction
10 Don't pay attention to the don't drive stoned ads
11 Make sure to be as stoned as you can when you drive
12 It isn't right that people lose respect for you when you get a DUI and/or are a Stoner
13 Formal request for the Federal Goverment to tap my phone calls
14 Come to my trial to show me support
15 Kyle the Drug War soldier Profile
16 Hypocrosy in the court system regarding DUIs for Marijuana
17 DUI's for Marijuana are allowed to happen because people don't care about people
18 Challenge to any Nazi who wants to debate DUI for Marijuana with me on Skype for Youtube (I get the ad revenue)
19 The proper way for Police Officers to conduct DUI for Marijuana tests
20 I don't like how my Federal Goverment has people so scared
21 A lot of Athletes exersize while high
22 Jails I want to go to if I get convicted
23 Rules of engagement in the War on "Druggies"
24 Mock Trial
25 The Common Herd Member generaly has little regard for the Stoner due to the phenomenon of Bigotry
26 Alternative jobs for people in the persecution business
27 Official Declaration of War on the Warriors Against the Druggies in their War on Drugs
2 List of DUI for Marijuana cases aquited even though the Nanograms is higher than 5
1 Melanie Brinegar 19NG 7-18-15
2 Kyle Pounds 9.5NG 9-10-15 ?????????Aquitted?????????
3 California Student 8NG
1 Money I have spend because of this case $792
1 Tow Truck 230
2 Lost Driver's License 27
3 Hair test 7.1 165
4 Blood test 270 Results Pending
5 Medical License 100
1 My writings about the Case
1 My account of what happened
1 Scientific Studies
1 Fatal Accidents & Marijuana Correlation
2 How it generates brain cells
1 Questions for the public defender
1 What time is my hearing & where
2 Court Costs
3 Do I file a motion at the court house or can I do it online
4 If I use scientific papers about marijuana and THC do I have to register it with the court first with a photocopy of it?
5 How many days before trial do I have to present evidence
1 Laws about DUI
1 Presumed to be Impared
2 Beyond a reasonable doubt
3 Needing video evidence
1 My Argument
3 Letter to the Jury
1 My Evidence
1 My own DUI Test on Known Microgram
1 Videos of People confirming my habitual Marijuana smoking
1 F
2 H
1 YouTube text of people talking about my Marijuana Smoking
1 F
2 H