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January 14, 2004Driver may face charges for potTwo young girls remain paralyzedByRecord-Eagle staff writer TRAVERSE CITY - Prosecutors are waiting for results of a blood test to determine whether to charge a woman suspected of being under the influence of marijuana and causing an accident that killed one and injured seven. Under a law that took effect Oct. 1, it might not matter whether the woman was high at the time of the accident, only whether the test comes back positive for marijuana use, Grand Traverse Prosecutor Dennis LaBelle said. Angela Grierson, 28, of Mancelona, died in the accident on M-72 Sunday afternoon. Seven others - including four children and the woman suspected of causing the accident - suffered serious injuries. The driver who police said caused the accident told police she smoked marijuana about four hours before the accident, LaBelle said. Her name is being withheld pending authorization of charges. Under the new law, drivers could be presumed to be under the influence of marijuana if they merely test positive for the drug, LaBelle said. The new marijuana law was part of the same legislation that lowered the threshold for drunken driving in Michigan from 0.10 to 0.08. Operating under the influence of drugs causing death is a felony punishable by up to 15 years in prison. "People who are driving who smoke marijuana are at extreme risk of prosecution," LaBelle said. Douglas Donaldson, a criminal defense attorney, said the new law may make prosecutors more willing to charge people, but he said prosecutors still have to prove that drugs were a factor that caused the accident. "Under the influence is under the influence, it means your ability to drive is substantially impaired," Donaldson said. Meanwhile, Sunday's accident devastated the lives of a father, Randy Elkins, 32, of Lake Ann, and his four daughters. Eden Elkins, 11, and Brittany Elkins, 10, are paralyzed and may or may not recover, Tyler Nichols, the girls' uncle, said. They are being treated at a hospital at University Michigan. The prognosis is better for Natasha Elkins, 4, who should recover from her injuries, and 2-year-old Tegan Elkins was released from Munson Medical Center Monday, Nichols said. Donations can be made to a fund that has been established for the girls at Huntington National Bank under the name "Elkins girls' fund."
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