DWI Marijuana: When Every Day is 420

With the legalization of marijuana and reduced penalties for its use, it logically follows that there will be an increase in DWI marijuana cases. The number of drivers with marijuana in their systems increased from 8.6 percent in 2007 to 12.6 percent in 2014. Although there is a plethora of research on DWI alcohol, the opposite is true for marijuana. Additionally, field sobriety and blood alcohol concentration (BAC) tests do not translate to effective indicators for marijuana impairment.
Use of marijuana can: (1) impair a person’s problem solving ability (2) can reduce a person’s ability to focus on several things at once, (3) can inhibit the part of the brain which initiates and coordinates movement (4) affects concentration and (5) reduces peripheral vision. But studies show that drivers who have ingested marijuana tend to be aware that they are impaired and try to compensate by driving slowly and avoiding risky actions.
DWI marijuana and alcohol drivers have different deficits and drive differently. Alcohol impaired drivers tend to drive faster than normal and to overestimate their skills. The opposite is true for marijuana impaired drivers who could pass simple tests of memory, addition and subtraction, whereas alcohol impaired drivers were much more likely to fail.
Field sobriety tests such as walking heel to toe (nine steps one way, turning on one foot and walking back), standing and balancing on one leg and the nystagmus test (tracking a pen with your eyes) will snag 88% of drivers under the influence of alcohol but will only catch 30% of drivers who use marijuana regularly.Additionally, accurate measurements of impairment are illusory. With alcohol, blood tests will measure the amount of alcohol in the blood at the time the blood is drawn. Breath tests measure the alcohol which has passed into the membranes of the lung’s air sacs and then into the air. The concentration of the alcohol in the air exhaled is related to the concentration of the alcohol in the blood and can be detected by the breath alcohol testing device. The alcohol concentration in the breath is related to that in the blood by the ratio of 2,100:1.
However, when marijuana is ingested, the active ingredient, THC, leaves the blood stream quickly and is absorbed by the brain and fatty tissues. So by the time a person is actually impaired and the THC levels are the highest (10 to 30 minutes after ingestion); the THC has left the blood. Blood tests will show recent use but not necessarily impairment. Urine tests are not an accurate indicator of impairment since the THC stored in fat cells slowly releases metabolite days and weeks after use.
To compound this conundrum, scientists do not agree on how much THC is necessary to cause impairment. Several states have set a numeric limit for the amount of THC in the blood from 1 nanogram per milliliter to 5 nanograms per milliliter. Scientists argue that the 5ng/ml is too high but zero tolerance is erroneous since the existence of THC metabolite is not proof of impairment. Some states have one standard for THC in the blood and another for THC metabolite.
Since nobody seems to agree about anything and until a new breathalyzer is created which can detect recent marijuana use, you may want to consider pushing the case to trial.

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1. The National Highway Traffic Safety Administration studies 2013 and 2014.
2. Psychopharmacology, “A placebo-controlled study to assess Standardized Field Sobriety Tests performance during alcohol and cannabis intoxication in heavy cannabis users and accuracy of point of collection testing devices for detecting THC in oral fluid,” Bosker et. al, 2012.
3. “Driving While High”, E. Gray, Time, 10/13/14, p.56, Dr. Marilyn Huestis, National Institute on Drug Abuse, Psychopharmacology, Drummer et al. 2004; Grotenhermen et al. 2007.
4. “Stoned driving on the rise, but is it as risky as drinking and driving?” CBS News, 2/11/15.
5. “Driving under the Influence, of Marijuana, Koerth-Baker, NY Times, 2/17/14.
6. Freudenrich, How Breathalyzers Work, www.HowStuffWorks.com.
7. “Driving While High”, E. Gray, Time, 10/13/14, p.54, 56.
8. Id at p. 56.

How to be Resilient. Staying mentally tough in difficult situations (like when you have a pending criminal case)

The Science of Bouncing Back: Scientists now know why some people rebound so well from setbacks. They also know how the rest of us can be more like them

By Mandy Oaklander, 5/21/15, Time Magazine

Dr. Dennis Charney knows that each of his five children has hated him at some point or another–particularly when he dragged them along on one of his “semidangerous” adventure trips. He recalls a perilous hike with one of his daughters, who was 13 at the time. “Some weather came in, and there was some wildlife. When she said she despised me it came, like, from her soul,” says Charney, 64, who is now dean of the Icahn School of Medicine at Mount Sinai in New York City.

His son Alex knows the feeling. A decade ago, Charney took him on a kayaking trip to Patagonia with his best friend, Dr. Steven Southwick. It rained the entire time, the life jackets didn’t fit, and Alex had to share a broken-ruddered boat with his dad for 12-mile runs every day. When it was all over, Alex informed his father he never wanted to speak to him again.

But as a psychiatrist who, with Southwick, has studied the science of resilience for two decades, Charney knows there are benefits to forcing people out of their comfort zone. Resilience is essentially a set of skills–as opposed to a disposition or personality type–that make it possible for people not only to get through hard times but to thrive during and after them. Just as rubber rebounds after being squeezed or squished, so do resilient people.

It’s a tantalizing arena for neuroscientists, who are getting better at understanding why some people bounce back from difficult experiences–both those they seek out and those that blindside them–while others don’t fare quite so well. And thanks to modern imaging, scientists can peer inside the brain in real time to see how, and to what extent, stressful situations change the structure and functions of the brain. They are also learning that training for resilience can change the brain to, well, make it more resilient.

Much of the new evidence suggests that with a little practice, anyone can develop resilience, says Southwick, 67, a professor of psychiatry at the Yale School of Medicine. There are lots of ways to intervene so that stress or trauma doesn’t derail you, he says. No one size fits all.

That’s good news, because humans get stressed far more than they realize. The hot-and-cold boss, the traffic delays, the spat with their spouse, the monthly bills–these are all registered as stress in the brain. “The vast majority of us will be faced with one or more major traumatic stressors during a lifetime,” says Southwick. But the countless smaller stresses also take a toll. Resilience, research shows, can help with that, and it’s not a moment too soon, given that nearly all our modern ills, including heart disease and possibly even brain disorders like Alzheimer’s disease, have stress as a common risk factor.

With heart disease killing far more Americans than anything else and rates of Alzheimer’s expected to double in the coming decades, scientists are hard at work to find promising ways to prepare a large, aging population for healthier ways of dealing with stress. “Resilience training can help people deal effectively with chronic disease and improve their quality of life,” says Charney. “It helps people cope.”

Forget the old adage that you won’t know what you’re made of until you’re tested; the latest science shows that if you train your brain, how you act under pressure can, in large part, be up to you.

Understanding Resilience

Studying the capacity to successfully adapt to challenges wasn’t on researchers’ radar before World War II. Ann Masten, a resilience researcher and professor of child development at the University of Minnesota, notes that the war produced no shortage of traumatized and displaced people–many of them children who were orphaned, injured or sick, which is precisely the kind of thing that puts people at risk for trouble later on. But psychologists caring for these children noticed that some fared improbably well, despite their circumstances.

Researchers wondered why, and by the 1950s, Emmy E. Werner, a developmental psychologist and pioneer in resilience research, was inching toward an answer. In 1955 she and a team from the University of California, Berkeley, began what’s considered the most important longitudinal study in the field: a 40-year project following nearly 700 children in Kauai, Hawaii, many of whom had alcoholic parents. Her research showed that a third of the most vulnerable children adapted exceedingly well over time. Werner wanted to know what makes a person thrive in the aftermath of adversity. The study found that factors like having a tight-knit community, a stable role model and a strong belief in their ability to solve problems helped children succeed.

“As soon as people began to pay more attention to positive outcomes and positive development, they realized there were a lot of children doing well,” Masten says.

Most resilience research is still done on survivors of catastrophes–floods, fires, tsunamis, drought–as well as on soldiers. But while it’s tempting to think of resilience as a skill people won’t need until they’re locked in a cell or their home is sucked into a tornado, resilience experts say those extremes are a kind of psychological exaggeration of the things the rest of us go through.

After interviewing scores of Vietnam prisoners of war, Army Special Forces and survivors of horrific tragedies, Charney and Southwick became convinced that anyone could train him- or herself to be more resilient. POWs told Southwick and Charney that with only two resources–free time and their minds–they were able to do remarkable things they couldn’t do before; one developed a knack for multiplying huge numbers in his head, while another built a house in his imagination (and then later, on solid ground). “It said to us that there’s enormous untapped capacity of the human brain,” Charney says.

Discovering why some of us fare better than others has always been at the heart of resilience research. Now techniques like functional magnetic resonance imaging make it possible for scientists to look beyond their own observations of people and into the parts of their brains that govern emotion. By observing patterns of blood flow, they can measure brain activity and see, for instance, what stress looks like in different people–which is useful because how we respond to stress is a critical part of resilience. Like the animal whose pulse returns quickly to normal once it has successfully outrun a predator, resilient brains seem to shut off the stress response and return to baseline quickly. “Resilient people seem to have the capacity to appropriately regulate the subcortical fear circuits under conditions of stress,” says Charney.

It doesn’t take a predator to trigger a stress response in modern humans. Some research shows that even feelings of social pain–like rejection and loneliness–zoom along the same neural pathways as fear. “This notion that I’m going to be rejected or fail or won’t be accepted by the group activates the same circuits as if I saw a wolf,” Southwick says. It’s an evolutionary hanger-on from when our ancestors survived only in groups.

The problem is, even though we’re no longer bumping into wolves, we’re constantly activating the same neural pathways of fear with everyday stressors–worrying about the future, fretting about the past. The more we use this neuronal superhighway, the more efficient it grows, and this mode of thinking becomes our default. But new research shows humans can train their brains to build and strengthen different connections that don’t reinforce the fear circuit. Over time, if people use this new pathway enough, it can become the new response to stress.

Richard Davidson, a neuroscientist at the University of Wisconsin, Madison, thinks he’s found a connection in the brain that is especially important for resilience: the path from the prefrontal cortex–the seat of cognition and planning–to the amygdala, an emotional part of the brain that responds to threats. A stronger connection means the prefrontal cortex can more quickly tell the emotional amygdala to quiet down, Davidson writes in his book The Emotional Life of Your Brain.

Scientists can see how resilient brains respond to emotion differently, found Martin Paulus, scientific director and president of the Laureate Institute for Brain Research in Tulsa, Okla. In a series of brain-imaging experiments on resilient Navy SEALs, Paulus showed the SEALs a color cue that signaled they were about to see an emotional picture. Paulus saw that their brains anticipated the emotion more quickly than the average brain, letting them jump nimbly between different types of emotions. Paulus says that in his research he has seen differences in the brains of people with anxiety or depression that suggest they have a hard time letting go of emotions and are often too engaged in emotional processes. The Navy SEALs, on the other hand, weren’t glued to the emotional experiences. Why? “They’re more resilient,” he says. And just like working your biceps or your abs, say experts, training your brain can build up strength in the right places–and at the right times–too.

The Workout for Your Brain

A good way to gauge how close you are to resilience is to consider how you react when things don’t go your way, Davidson says. His research shows that the way we cope with little stressors strongly predicts how we’ll do once the big stuff hits. Personality is not as big a factor as one might think: Pollyannas are not always more resilient than pessimists, and even stubborn curmudgeons can pick up traits associated with resilience.

What’s more, scientists have identified at least a dozen ways that people can up their resilience game, which Charney and Southwick detail in their 2012 book, Resilience: The Science of Mastering Life’s Greatest Challenges, to be updated this year with reams of new research on the topic. “For resilience, there’s not one prescription that works,” Charney says. “You have to find what works for you.”

So far, researchers have found that facing the things that scare you relaxes the fear circuitry, making that a good first step in building resilience. They have also found that developing an ethical code to guide daily decisions can help. Studies have shown that traits scientists once thought of as nice but unnecessary–like having a strong network of social support–are critical to resilience. “Very few highly resilient individuals are strong in and by themselves,” Southwick says. “You need support.” There are even neurobiological elements to social support. When people are exposed to a stressor in a lab, their heart rate and blood pressure don’t go up quite as much if a friend is in the room as they do if they’re alone.

In an interesting twist, scientists have learned that working the body’s muscles makes people’s minds more resilient as well. That’s because exercise also spurs the development of new neurons, which are quite literally damaged by stress, Southwick says. Over time, regular exercise can tamp down a person’s stress response.

The most compelling new research about resilience focuses on mindfulness–an area in which most people would do well to improve, since people spend 47% of their days thinking about things other than what they’re actually doing, a 2010 Harvard study found.

In a study published last year, Paulus and researchers at the University of California, San Diego, trained four Marine infantry platoons in an eight-week mindfulness course, and four platoons trained as usual. The Marines then spent a day at the Infantry Immersion Trainer facility, an elaborate mock Iraqi village the Marines use to prepare for deployment, where they were ambushed and otherwise stressed. A subset of both groups had their brains scanned before and after the intervention. When the experiment was over, researchers found that the Marines who trained in mindfulness returned to baseline levels of heart rate and breathing rate faster than those who hadn’t been trained.

They also showed lower activation in the region of the brain associated with emotional reactions. By the end of training, their brains actually looked more resilient, Paulus says. “We were able to show, at least in the brain, that we can train people to modify their brain processes toward the direction of resilience.”

Even though the Marines’ brains changed to reflect those of more resilient people, they didn’t report feeling more resilient. So researchers did another experiment, using Olympic BMX athletes. This time, they told them how their mindfulness course could be affecting their brains. “That’s particularly helpful for people who may initially not be as susceptible to mindfulness,” says Paulus, who led the research. “They may say, ‘Well, this may not be for me.’ But when we showed them that we can actually change their brains, it becomes much more interesting to them.”

Like the mindful Marines, the mindful BMX cyclers showed less emotional reactivity to a stressful task than they had before they took the course. Unlike the Marines, however, they also said they felt more resilient–likely because they had been primed to associate the exercise with that benefit. Shortly after the study ended, the athletes competed in a major BMX competition and swept the gold, silver and bronze medals. (Two years before, at the London Olympics, they hadn’t placed.) There’s no control group in real life, of course, and they might have done just as well without the training. “But they at least told us that it was particularly noticeable to them,” Paulus says.

The Meditation Miracle?

It might seem too touchy-feely to believe that becoming tougher has everything to do with tuning into the mind, the body and the present moment. But that’s precisely what Davidson from the University of Wisconsin is finding. In 1992 he wrote a letter to the Dalai Lama asking if he could study Tibetan Buddhist monks to see how meditation changes the structure or function of their brains. To his surprise, the Dalai Lama wrote back with a request that Davidson devote as much time to studying the effects of kindness and compassion on the brain as depression, anxiety and fear.

Since then, Davidson has used brain imaging to watch the brains of all kinds of people while they’re in meditation states, from novices to Buddhist monks. He’s found that consistent practice changes how the brain looks as well as how it operates. The more experienced the meditator, the more quickly the brain recovers from stress. Another recent study shows that meditation can even help decrease expression of pro-inflammatory genes.

“The changes we see aren’t just changes during the meditation state itself, but they’re changes that persist beyond the meditation state,” Davidson says. “They transform our baseline.” And a solid baseline state is what we really need when the waters get rough, he says.

That’s why Charney and Southwick emphasize again and again the importance of finding resilience-building skills you’ll stick with. When Charney lost his granddaughter and Southwick’s mother died, each leaned on the other to get through it–a case of resilience-building social support in action.

And while you won’t find Charney joining Southwick in meditation, and you won’t spot Southwick bench-pressing next to Charney in the med students’ gym at Mount Sinai, you’ll almost certainly find them building resilience together and apart. Because as they’ve learned, this stuff really pays off when you need it.
This appears in the June 01, 2015 issue of TIME.

Finally, a requirement that a person in custody be able to clear outstanding warrants

A new NC law requires that when someone is in jail on one case and the person has outstanding warrants on unrelated matters, the Department of Corrections and each court where the defendant appears must identify all outstanding warrants so that the incarcerated person can clear up these burdensome and expensive warrants while they are in custody.
This may not seem like a big deal but it is. Clearing up outstanding warrants:unpaid traffic tickets, cases when the person failed to appear etc. not only deprives the incarcerated person of concurrent jail time but subjects them to future arrest and keeps the system clogged with warrants.
In the legal world, the phrase is “judicial economy’ but in the real world, it is called “efficiency” and/or “killing two birds with one stone.” In California, where I practiced previously, when a person was incarcerated on one case, the computer would generate a list of all their outstanding warrants from any county in the state. Then that person would “make the rounds.” All the arrest warrants issued for unpaid tickets, failures to appear and violations of probations would be resolved expeditiously. Minor traffic and misdemeanor cases would typically either be dismissed or the defendant would received a time served sentence which would run concurrently (at the same time) as the charge for which the person was in jail in the first place.
Now when a person gets out of jail, that person will have cleaned up all outstanding warrants and need not need to fear arrest for warrants which had been in the system but not flagged.The law also states that the Department of Adult Correction, the police, the prosecutors and the courts must develop a process to identify and resolve all outstanding warrants while the person is in jail.
If you or a loved one is in jail and they have outstanding warrants, this law is tasked with forcing the system to help the incarcerated person clean up cases so when they are released, they can be unencumbered by the past and can focus on their future.
The new law is S.L. 2015-48 (H 570): Duty to identify outstanding arrest warrants. Amended G.S. 15A-301.1 creates the requirement that the custodial law enforcement agency must attempt to identify all outstanding warrants and notify appropriate law enforcement agencies of the person’s location. The same duty is imposed on a court before entering any court order in a criminal case. Newly enacted G.S. 148-10.5 requires the Division of Adult Correction of the Department of Public Safety to work with law enforcement, district attorneys’ offices, and courts to develop a process at intake and before release to identify all outstanding warrants for an inmate and to resolve them while he or she is in custody, if feasible. The inmate must be notified of the outstanding warrant and any right to counsel. [This session law is effective October 1, 2015]

OBSERVATIONS ABOUT EXISTING GROUP HOME OPTIONS AND WHY I FEEL THAT MY SON DESERVES BETTER

BuildingABetterGroupHome.org was created to address the dearth of acceptable placements for developmentally disabled autistic persons. My son, Jackson, has autism, ADHD combination which means that he is hyperactive and inattentive and is mild to moderately mentally retarded. As a parent, I did not want Jackson living at home until the end of my life. I did not want to thrust the responsibility on his siblings. I felt it was imperative that he have a life separate and apart from his family so when his father and I pass away, he will already have his own home and an independent existence. My hope is that he will be able to sustain a happy, independent life as an adult.

As a young teen, I had Jackson placed in a group home for approximately eight months and moved him to a different placement for approximately one year. I then brought him home where he has lived continuously thereafter. I observed that the lack of qualified staff was the largest issue. Staff was paid the minimum wage, were independent contractors, getting no benefits, vacation or sick time or health insurance. The turnover rate was high. When staff gained experience, got to know the routines of the home and residents, they quit for higher paying jobs.

In both homes, no one prepared healthy food. Processed frozen food products were heated for meals. Frozen or canned vegetables were substituted for fresh. Fruit rolls from a box were served in lieu of fresh fruit. In neither home was there any person who knew how to cook.

Jack had a very sedentary life in both houses. An activity had to be free or inexpensive so as not to cut into the profit margin. Walking around the block or to the shopping mall or Walmart constituted an outing. For the most part, he sat and watched television or played on his computer. On the alternate weekends when we did not pick him up for a home visit, I was informed that he sat in the living room waiting…just in case we unexpectedly showed up.

It has been four years since he left the last group home and absolutely every time he is informed that he is going somewhere, he verbalizes his day’s schedule before he leaves that house to confirm that he will always return “to Jack’s home.”

My concern for Jackson’s future is no different from that of any other parent in the same position- and there are a lot of parents in this position. According to the Center for Disease Control (CDC), the numbers of persons diagnosed with autism has increased 119.4%. In 2000, the ratio of prevalence of autistic individuals was 1 in 150; the latest CDC ratio in 2014 is 1 in 68. Approximately, 1% of the world’s population or more than 3.5 million Americans are on the autism spectrum. Autism is the fastest growing developmentally disability in the United States. Obviously, not all autistic persons will need to live in a group home but many will. Every parent wants the best for their child and the goal of this nonprofit is to create a happy, loving, stable, healthy and active home for my child but also to create a transferable model to pave the way for the creation of a similar home for yours.

Supreme Court rules that threats posted on Facebook not a crime if just a rant

Supporters of free speech on social media won a big victory when the US Supreme Court ruled on June 1, 2015, that a federal law which prosecuted a man for making statements on Facebook, that a reasonable person would have viewed as threatening, was unconstitutional.
A man posted the following on Facebook, “Did you know that it’s illegal for me to say I want to kill my wife?” In another, he wrote he would “not rest until your body is a mess, sealed in blood and dying from all the little cuts.” He also posted that he was about to “pull my knife [and] slit her throat.” He was convicted when a jury concluded that a reasonable person would have regarded the posts as threats.
Chief Justice Roberts stated that because the man thought that his posts were “therapeutic rants,” he did not have an “awareness of wrongdoing.” The defendant had posted disclaimers on Facebook stating that he was exercising his right to free speech and was inspired by rap lyrics. Justice Roberts stated that it was an error for the trial judge to permit the jury to convict the defendant based only on how his posts would be viewed by a reasonable person; the defendant had to be aware that his rants were true threats. The use of the words could not constitute a crime if the speaker’s intended meaning was not considered.
This ruling is important because even if a reasonable person would view the speech as a threat, if the speaker did not intend it to be a threat, it is not a crime. A defendant can be convicted only if he “transmits a communication for the purpose of issuing a threat or with the knowledge that the communication will be viewed as a threat.”
For our purposes, if a speech based criminal charge is alleged, the speaker’s intent is controlling. Relevant to any defense of such a charge is an in depth analysis of the specific facts and circumstances surrounding the current posts and the speaker’s belief as to the purpose of the speech.