By Travis Uresk
4/9/24
| Duchesne, Co. | March 23rd, 2024 | DUI & Speeding |
At approximately 5:30 pm, Trooper Mikulich saw a vehicle traveling at a high rate of speed on US-40 near milepost 68. His radar verified the speed to be 80 mph in a 65 mph zone.
The trooper stopped the vehicle and immediately smelled the odor of burnt marijuana and saw a marijuana grinder on the center console. Trooper Mikulich told the driver he could smell the odor of burnt marijuana, and the driver stated he had a pipe in his possession.
The driver was asked if he had a medical marijuana card and presented a card to the trooper. Trooper Mikulich informed the driver that it was illegal in the state of Utah to burn marijuana.
The driver was identified as 45-year-old Jerimey Dee Humphreys.
The trooper returned to his patrol vehicle to check the status of Jerimey’s medical marijuana card and learned it was expired. Jerimey was asked to exit his vehicle, and based on the trooper smelling the odor of burnt marijuana, he conducted Field Sobriety Tests on Jerimey.
“I checked his eyes for equal tracking, equal pupil size, and resting nystagmus. I confirmed Jerimey was capable of performing the test. I did not observe a nystagmus during the tests. I conducted the nine-step walk and turn. I placed Jerimey in the instructional position and explained the test. I also demonstrated the test for Jerimey."
"During the first nine heel-to-toe steps, Jerimey missed heel-to-toe several times and stepped off the line. During the second nine heel-to-toe steps, I observed Jerimey take ten steps, miss heel-to-toe, and step off line. I observed a total of three clues of impairment during the nine-step walk and turn."
"I conducted the one-leg stand and allowed Jerimey to choose which leg to stand on. I gave him the instructions and demonstrated the test for him. Jerimey did not follow my instructions and was told to raise his foot correctly."
"I conducted the lack of convergence test on Jerimey. I explained the test to Jerimey and conducted the test. I observed Jerimey was capable of crossing his eyes. During the test, I observed a lack of convergence. Both of Jerimey's eyes properly crossed at the center of his nose while focusing on my finger. Jerimey's left eye then moved from the center of his nose to the outside of his face to his left side, my right. After the test, Jerimey stated that he did not think he could cross his eyes. I observed no problem with his ability to cross his eyes during the test. I performed the test twice and observed the same clue of a lack of convergence, which is consistent with being under the influence of cannabis."
"I performed the modified Romberg test on Jerimey. Jerimey estimated thirty seconds in thirty-seven seconds, consistent with cannabis impairment, displaying a delayed cognitive response. Based on the totality of circumstances and observations, I determined Jerimey was under the influence of cannabis and too impaired to operate a motor vehicle safely."
Jerimey was arrested and placed in handcuffs. Trooper Mikulich conducted a search of Jerimey's vehicle and found several baggies containing marijuana flower in the center console. It was not in a legally prescribed container. The trooper also discovered a black pipe containing burnt marijuana located inside the dash compartment.
In the back seat, several loaded firearms were discovered. Jerimey was transported to the Uintah Basin Medical Center where Trooper Mikulich read the admonition request for a chemical blood test to Jerimey. He refused to submit to a chemical test.
The trooper submitted an EWarrant affidavit for a blood draw. The blood draw was approved and read to Jerimey. He submitted to a blood draw and was then transported to the Duchesne County Jail, where he was booked on the charges of Driving Under the Influence, 3rd Offense in 10 years, possession of a controlled substance, marijuana, possession of paraphernalia, and speeding.
Utah Marijuana Laws 2024
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