If someone I know happened to strike and kill a pedestrian with his car whilst NOT under the influence of marijuana, but honestly told the responding police officer that he was in possession and carries a Colorado state MMJ card, when trial comes around, could a drug test be ordered for the driver? If it displays THC in his system, would his medical card provide legal defense in court?
i mean i don't think its going to matter tbh. if he killed someone, hes going to get screwed either way.
The DA is going to have to prove that the guys MJ use caused or assisted in causing the accident. Without a blood test right after the accident, there isn't much proof that the guy was high at the time of the accident. And the DA would have to prove that beyond a shadow of a doubt. Your friend is still in a great deal of trouble though. Unless the guy just walked out in front of him, he's in alot of trouble...vehicular manslaughter is a definate possibility. A very good lawyer can help him alot. Now is not the time to try and save a buck on lawyers fees. http://en.wikipedia.org/wiki/Vehicular_manslaughter
The girl did. It was a windy road at night time and the girl was just wandering around along the road. He came around a bend and struck her. Perhaps manslaughter was the wrong choice of wording... lol