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The eastern police district confirms that Petter Northug (34) had no alcohol or other drugs in his blood when he was arrested for drunk driving nearly three weeks ago.
Therefore, the police drop the charge for driving under the influence of drugs. The preliminary charge for possession of drugs and speeding is maintained.
Northug was stopped by the police at 168 kilometers per hour in zone 110. He also admitted in a subsequent press conference that the police found about ten grams of cocaine in his house after a search.
Christian Flemmen Johansen of the Elden Law Firm believes that Northug will in principle receive an unconditional prison sentence if convicted.
– I think the isolation speed should give 30 hours of community service. The ten grams are 30 to 45 days of unconditional prison. So the question is what degree can you get in a drug program. Basically, you should have an unconditional prison sentence, around 40 to 60 days or so. If you enter a drug treatment program in a sensible way, then there may be community punishment, Flemmen Johansen says.
– A relief
– Opinions divided
Northug himself has admitted that he was filmed driving at 200 kilometers per hour in zone 80.
Police have access to the video and police attorney Karoline Ekeberg has the following to say about it:
– The police have video material, which shows that the accused is driving a car at high speed. It is part of the further investigation, and it will be seen if there is a basis for changing the position, Ekeberg tells Dagbladet.
– Do you know how geographically the video was shot?
– We do not want to comment on the content of the video material.
The video in question could probably be used as evidence in a possible trial.
– There are divided opinions on the matter. It is real evidence, so I cannot understand why the court should not base it, says Flemmen Johansen.
– It shows it clearly, and together with its explanation it is more than enough. He is asked if he confesses without reservation, and he does so now. The judge will look to the rest of the evidence for support. As long as everything is in order, there is nothing in the way to judge on the basis of your explanation, says Flemmen Johansen and continues:
– A video that indicates or shows it, or matches his explanation, is enough to condemn him. I have not seen the video, but I assume that coupled with your explanation is sufficient.
– Is it aggravating that he filmed it?
– I’d say that, absolutely. There is a separate provision in the Road Traffic Act regarding negligence. You are most reprehensible when 1: you drive 200 kilometers per hour and 2: you film it, says Flemmen Johansen, who notes that you become more unfocused and a danger to the surroundings.
A violation for speeding of 168 km / h in a zone 110 is in the border zone so it normally gives an unconditional punishment. 200 km / h in a zone of 80 is normally above what such a penalty gives. At the same time, the information in the case must be considered specifically and in relation to the other circumstances of the case.
Damned too fast
– Refers to laser measurement.
Defense attorney Stian Mæland believes that the police should use what is most favorable to the accused, and that is laser measurement.
– I would assume they relate to that, but they can use the video and their explanation as an argument to keep the punishment high. As there are uncertainties surrounding the video, including how fast he drove and how long he drove too fast, I think the best thing to do is to base what is most favorable to the defendant, Mæland tells TV 2.
Mæland believes there is a high probability that the reaction will be an unconditional prison sentence for Northug. Speeding offenses generally involve incarceration with an ankle brace, but this is a decision up to the Prison and Probation Service, not the courts.
Northug himself confirmed at the press conference that 10 grams of cocaine were found in his apartment. This is well above the limit of what a fine “only” normally gives, which is 2 grams, according to the Attorney General’s circular on drug cases.
At the same time, it is well below the limit of what is normally considered a felony drug offense, which is 50 grams. What the “correct” punishment will be for such an amount will depend on the various circumstances of the case, such as whether the person in question confesses (as Northug has done) and whether there are extenuating or aggravating circumstances.
In some cases, the courts have sentenced to conditional imprisonment (which does not imply imprisonment) and community punishment for that amount (and also larger amounts).
Why did the police search?
Police lawyer Karoline Ekeberg does not want to comment on which point of charge they now consider the most serious.
– Police generally take very seriously the type of traffic behavior that puts others in danger. And drug storage is serious too. Beyond that, we just have to refer to the sanctions framework, says Ekeberg.
– Now it turns out he wasn’t intoxicated. What was the basis for the police to search your home?
– The local police had good reason to suspect that he was driving while intoxicated. This, together with other observations and investigations, made the police consider it appropriate to search the defendant’s address.
– What was the basis for the various grounds of suspicion?
It was on the basis of observations on the ground, including the positive saliva test, that gave police grounds to suspect that he was driving under the influence of drugs, leading to a blood sample being taken to find out if that it was the case. Then we want to emphasize that the saliva sample is only one of several tools that the police influence, and that it is something that only gives an indication, and is not something that can be used as evidence in court.
– The police reported on the case in a Twitter message, where it referred to the discovery of drugs. It was not specified whether it was in the car or in the house. In what places was something found?
– No drugs were found in the car. Beyond that, I have no comment.
– Was the money found in the car (NOK 40,000) part of the basis of the suspicion?
– I do not want to comment on anything else that was found, and that we did not seize them.
Ekeberg says they hope to question Northug soon.
– Is it relevant that the case goes as a case of confession?
– The case is under investigation and we must go back to how it will continue to be processed.
Northug has stated that he will cooperate with the police, and this may serve as the basis for a confession discount.
– Great importance
Northug himself is relieved that the drug driving charge is dropped.
Petter, of course, is relieved by that clarification. I can confirm that I have been informed that the blood test was negative and that the charges were dropped. This does not mean anything other than what Petter told the press in Trondheim is correct, but it is still clear that the clarification is of great importance to the criminal process of the case, defender Halvard Helle tells Dagbladet.
– How is Northug today?
– He is relieved by this clarification from the police, although it is in line with what he has already said in Trondheim, says Helle.
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