Driver may be hit with new law

Kim Smith

Tuesday, March 21, 2000 | 11:19 a.m.

A young woman accused of mowing down a group of Las Vegas teens, killing six, could face charges under a new law that makes it easier to tie drug use to motor vehicle accidents.

The new law is to drugs what 0.10 is to alcohol, Chief Deputy District Attorney Gary Booker said.

The law went into effect Oct. 1, setting limits on how much of a drug or its active ingredients can be in blood or urine before a person is considered legally under the influence of a substance.

The amount, Booker said, depends upon the drug. But, for example, two or more nanograms of marijuana per milliliter of blood is enough to establish that a person is under the influence. Five or more nanograms of marijuana's metabolite in the system per milliliter of blood also can establish impaired judgment.

Because the body cannot eliminate drugs, it breaks them down into metabolites, enabling scientists to find traces of the drugs even if hours have passed since they've been ingested, Booker said.

Before the new law, prosecutors had to prove that drugs had something to do with the accident. Now if there is a certain amount of a drug found in someone's system, the presumption is that the drug was linked to the accident.

While the blood tests are not back in the Jessica Williams case, Booker said he now has more options for the charges he can file. He expects the results on Thursday.

Williams, a dancer at a Las Vegas striptease club, remained in the Clark County Detention Center this morning on six counts of felony DUI, six counts of felony reckless driving and one count of possession of a controlled substance.

According to police, Williams, 20, was driving down Interstate 15 when her van careened 200 feet across the dirt of the median, hitting the teenage workers as they picked up trash near the Las Vegas Motor Speedway. The van eventually spun around, stopping in the southbound lanes and facing northwest.

Williams, who lives in Littlefield, Ariz. just east of Mesquite, told investigators that two hours before the accident she had smoked marijuana, said Nevada Highway Patrol spokesman Michael Cooke. Investigators found a small amount of marijuana and a pipe in the wrecked minivan.

If the blood tests show marijuana was in her system, Booker said he can file one of two charges.

If they show less than two nanograms per milliliter of blood, he can charge her with driving under the influence of a controlled substance and try to show a jury through other means that the accident and the marijuana were linked.

If the blood shows marijuana levels of two nanograms or higher, he can charge her with driving under the influence of a prohibited substance and let the science speak for itself.

While the fines and possible sentences are the same, Booker said, the new law has made prosecutors' jobs much easier.

Should Williams be charged with DUI of a prohibited substance, she will be the second one charged under the law.

Otis Haley, 25, was sentenced to 15 years in prison today in connection with an accident that occurred less than two months after the law went into effect.

Haley pleaded guilty to being under the influence of methamphetamine when he drove onto a sidewalk near the Tropicana hotel-casino and killed Dr. Walter Bass, 51, of South Dakota in November.

Booker said the new law was passed by legislators at the urging of a group of lobbyists upset at the outcome of a 1997 case.

According to police, Louis Donte Gallo, 18, was driving under the influence of marijuana when his vehicle collided with a vehicle driven by William Faber, 40, of Las Vegas near Russell Road and Galleria Drive. Faber died of his injuries three hours later.

Booker said that because no one could prove the marijuana had impaired Gallo, he was allowed to plead guilty to felony reckless driving and misdemeanor driving under the influence. He received probation.

Research has shown that marijuana slows down the way people process information, often causing them to break speed limits because they feel as though they are going the speed limit, Booker said.

Marijuana also makes people sleepy, Booker said.

People convicted of DUI of a controlled substance and DUI of a prohibited substance are not eligible for probation, Booker said. The crimes are punishable by two to 20 years in prison and a $2,000 to $5,000 fine.

Reckless driving is punishable by probation or one to five years in prison and up to a $5,000 fine.

Those convicted of involuntary manslaughter are also eligible for probation, but the prison sentence is from one to four years.

Possession of a controlled substance carries a one- to four-year sentence and being under the influence of a controlled substance carries a one- to six-year sentence. People can also receive probation if convicted of them.

Kim Smith covers courts for the Sun. She can be reached at (702) 259-2321 or by e-mail at kimberly@lasvegassun.com.