Loophole in MA Law Permits Inhaling Chemicals While Driving

[From article]
A Middlesex defense lawyer has exposed a glaring loophole in the impaired driving law that could let motorists who get high inhaling aerosol gases skate on criminal charges.
Manuel Sousa is a Malden man who in September 2011 was inhaling, or “huffing,” computer cleaner as he drove around his hometown, according to court papers. Sousa stopped in the middle of the road, with the engine running, and as police approached his vehicle, he grabbed an aerosol canister “which he placed to his mouth and sprayed,” court documents state.
Sousa was rung up on four charges and was convicted of operating under the influence and negligent operation of a motor vehicle. He appealed, and his attorney brought up an interesting loophole: ethylene, the chemical Sousa was getting high on, isn’t listed in the statute controlling impaired driving.
That could be enough to let Sousa get away with it.

[. . .]

It reminds me of the upskirting case,” said Jerry Cibley of Safe Roads Alliance, referring to the controversial Supreme Judicial Court ruling that said it was legal to take photos under a woman’s skirt. “The Legislature changed that law in a matter of days.

http://bostonherald.com/news_opinion/local_coverage/2014/09/loophole_could_leave_das_in_a_huff

Loophole could leave DAs in a huff
Saturday, September 20, 2014
By: Bob McGovern
Boston Herald