On January 9, 2010 Kevin D. Aubertin left a party and was on Alladin Rd about 6 miles from Colville when he lost control of his truck. One neighbor testified that he heard a noise and then heard sirens about 30 minutes later. Another witness said that he was driving home and saw a truck lying on its side in a field. He called 911 and two deputies arrived on scene. The defendant was removed from the truck by the Jaws of Life and transported to the hospital. The investigation conducted by Deputies Swim and Foster, lead them to believe that Mr. Aubertin was intoxicated. Blood samples were obtained.

He hired Dominic Bartoletta of Spokane to represent him. The trial was held last week over a period of two days. 9 witnesses testified. The state forensic toxicologist testified that the blood results were a .22. and the effect that level of alcohol would have on a person. The jury deliberated for approximately one and a half hours and returned a verdict of guilty on DUI. The jury also concluded that the evidence showed at the time of driving, the defendants Blood Alcohol Content was over a .15. He was sentenced to two days in jail and given 24 mo probation with conditions of drug and alcohol evaluation and treatment and a requirement that he attend the Victim’s Impact Panel. He was fined $1121.00. Lech Radzimski represented the State.

You press me to change the prosecution policy of the office to mimic the King County position. You forget what King County is and what we are. To my view, most of the folks in King County support ideas and champion causes that the more traditional and clear thinking folks in Stevens County reject. The legislature has passed a law which allows sick folks who can benefit from the use of the drug to have access to it and produce it for themselves. The law in this regard is not harsh, and it is not difficult for folks to comply with the law. I think they should. I do not have issues with a legitimate physician authorizing use in a legal manner to people who can benefit from it. We have no desire to punish sick persons who use and produce the drug in accordance with the law, but you and I both know that some people are using medical marijuana and its authorized production to shield and hide commercial operations which support widespread sales and distribution to those who are not sick and to students and young people. There is a huge trade in this drug that is blight on our society which engenders crime and increases human misery. This office draws a distinction between those who are legitimate users and those who are merely profiteering.

You think the law should be different and you are working to change the law. If the legislature decides the law should change, then it will. Until then, this office will continue to evaluate each case independently and make decisions accordingly. I refuse to adopt a wholesale policy in these cases. This letter pretty much sums up the current policy of the office toward the medical marijuana issue. We will follow the current law, but look at each case independently and make the best decision we can based on the facts of the case before us.