The Utah Supreme Court has reversed a ruling by the Utah Court of Appeals, which last year found that a law making it a second-degree felony to cause death or serious injury while driving with a measurable amount of drugs in one’s system was unconstitutional.
The January 2016 ruling by the Court of Appeals faulted the state’s measurable amount law — which does not require proof of impairment — because the punishment is harsher than for the third-degree felony crimes of DUI with serious injury, and automobile homicide, where drivers are deemed to be incapacitated.
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