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High court rules on blood-level drug case
This is an archived article that was published on sltrib.com in 2006, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

A case that led to tougher drug possession laws came to a close Friday when the Utah Supreme Court held that a man could not be found guilty of drug possession based on the fact he had drugs in his bloodstream.

Jeffery Don Ireland had both methamphetamine and marijuana in his system when his pickup truck collided with 19-year-old Angel Marie Garcia's car in November 2001. The crash killed Garcia, who had just gotten engaged and was a freshman at Southern Utah University.

Prosecutors said they were able to charge Ireland, a repeat driving under the influence offender, only with drug possession, a felony, and driving with marijuana in his system, a misdemeanor. Garcia's mother, Rita Lujan, had lobbied for homicide charges.

A judge sentenced Ireland in November of 2002 to zero to five years in prison with no credit for time served on both charges. Ireland was paroled in January 2004.

The Utah Court of Appeals rejected the possession charge filed against Ireland last year, and on Friday the Utah Supreme court agreed.

Both appellate courts reasoned that Ireland's blood levels alone didn't prove Utah had jurisdiction over the case. Prosecutors needed other evidence to prove Ireland had consumed the drugs in Utah to give the state jurisdiction, the courts said.

The case prompted lawmakers to change state law in 2003 to prevent a similar scenario.

eneff@sltrib.com

Fatal crash: Justices say narcotics in the body are not evidence of illegal possession
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