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Hernando Today

Lawyer Wants Limits On DUI Suspect's Blood Test

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By KYLE MARTIN

Hernando Today

Published: December 13, 2008

BROOKSVILLE - James Morris was driving impaired the morning he fatally struck a man taking out garbage, authorities allege.

Court records show his blood tested positive for the presence of cannibinoids, i.e. marijuana. But the degree that Morris was allegedly impaired depends on the quantity in his system, and that information should be kept out of evidence, according to Morris' lawyer.

In a motion scheduled to be argued Dec. 18, attorney Flem Whited writes that Florida's implied consent law is clear on that point. Implied consent gives law enforcement the right to draw blood from a person they believe is driving intoxicated.

Whited builds his argument on one line of the law in particular that states blood tests be used "for the purpose of determining the alcoholic content thereof or the presence of chemical substances."

Notice, Whited writes, that "content" only applies to alcohol. Testing is limited to the "presence" of controlled substances.

Citing case law, Whited writes that implied consent "must be strictly construed."

The quantity of cannibinoids in Morris' system is not listed in court papers.

Whited could not be reached for comment Friday.

Assistant State Attorney Bill Catto, who is prosecuting the case, said Friday that there were "multiple drugs" in the suspect's system at the time of the crash.

Florida law presumes a driver is impaired if their blood alcohol level is .08 or higher. There isn't a similar threshold for other substances, but there are experts who can extrapolate the degree of impairment based on blood results.

If a judge ruled to exclude the quantities - as the motion requests - "it would make the case tougher," Catto said. But it wouldn't entirely deflate the case.

There are still witnesses both with Morris that night and at the scene of the crash who could testify the suspect was impaired, according to Catto.

The charges stem from Oct. 10, 2007, when Morris, who is charged with DUI manslaughter, reportedly drove off the road around 5 a.m. and struck Darrell Newberry, 25, outside his Elgin Boulevard home. The father of three small children died in his neighbor's yard.

Reporter Kyle Martin can be reached at 352-544-5271 or kmartin@hernandotoday.com.

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