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Tonya Papanikolas ReportingA woman hit and seriously injured by a drugged driver celebrates after a loophole in the law is finally changed.
If you were hit by someone driving high on marijuana, you'd probably expect that person would be charged with something similar to a DUI. But in actuality, Utah law has not allowed for that. That is now changing, thanks to the determination of a Utah couple.
The road rash is almost gone and life for Colleen Nordberg is finally getting back to normal after she was hit riding her bike last summer.
Colleen Nordberg: "My memory is still not what it used to be, but again, that's a long slow healing process."
Colleen fractured her skull, broke bones in her leg and suffered a brain injury when the driver hit her. A toxicology report proved that driver was on marijuana, but because there's no set standard on how much marijuana impairs driving, the man could only be charged with misdemeanors for drug possession.
Sen. Carlene Walker, (R) Cottonwood Heights: "We can't tell exactly where that impairment level is, even if we do a blood test. It's different for everyone."
The Nordbergs were appalled the charge was less than a DUI and contacted Senator Carlene Walker, who brought the issue before the legislature.
Senator Carlene Walker: "These little circumstances come up every year where we need to close a loophole or tighten something down."
This year Senator Walker sponsored a bill making it a felony to consume marijuana, drive negligently and then cause serious injury or death. Earlier this week, Governor Huntsman signed the bill into law.
Colleen Nordberg: "It's nice to know that while the person who hit me, this isn't going to affect them, that we're making a change for other people who get hit."
Colleen's husband says he's happy to see the changes, but hopes the issue will be given even more attention.
Brian Nordberg: "I'd still like it to go further. We still have to make rules on prescription drugs, and even making the determination of what is impairment."
This bill just dealt with marijuana because it's already a felony to even possess harder drugs like cocaine. Senator Walker says in the future, they could take on the same issue with prescription drugs
