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SAN DIEGO (KGTV) -- On January 1, it will be legal for businesses to sell pot in California. With that, the questions and concerns about what that means for drivers out on the roads.“I think we will see an increase in DUI marijuana’s,” said Officer John Perdue, a San Diego Police officer in the traffic division.Perdue is an expert at DUI and drug recognition. Since November 8, 2016, when California voters approved Prop. 64, or the adult use of marijuana act, he’s been hearing the same thing when he comes across drivers he suspects are driving high.“Their first reaction is one of two, either A. ‘I have a medical marijuana card’, or B. ‘marijuana is legal.’ And I have to remind them, so is alcohol, but you still can’t drive under the influence of it,” Perdue said.How exactly will police be able to tell if someone is driving high?One tool that officers will use to help is the Drager Drugtest 5000, a presumptive drug screening test that can detect seven types of drugs in a person’s system.Like an alcohol breathalyzer, Perdue said, “the person has every right to refuse this.” But unlike alcohol, it doesn’t have a percent limit.If the Drager reads positive, Perdue said, “it doesn’t necessarily mean they’re impaired or under the influence, it just says that chemical or drug is in their body.”  So to be arrested for DUI, it’s still up to the officer to decide if the driver shows impairment.But that can be tough. Look at the Drager as an extra tool that’s used along with field sobriety tests, what an officer smells, sees or finds in the car, to formulate that officer’s opinion of whether a driver is high.“The hardest thing will be, because there is no per se limit right now, the officers are really going to have to be aware of the signs and symptoms,” Perdue said. 1808

SAN DIEGO (KGTV) - Protesters are demanding a change to how sex education is taught to students in California. They say a law passed a few years ago and written by local Assemblywoman Dr. Shirley Weber is sexualizing young minds. The group of protesters is with the Alliance to Protect Children. They tell 10News they are for sex ed in school, but the law is teaching students more than what parents are comfortable with. “It feels like its a disrespect to all mothers and children everywhere,” said mother of two Domonique Hinton. Dozens of protesters stood outside Dr. Shirley Weber’s office downtown Friday morning, speaking against Assembly Bill 329 that was written and passed in 2015. The bill makes it mandatory for students 7th through 12th grade to be taught sex education, but it also gives schools the option to offer the age-appropriate curriculum to lower grades. AB 329 states, “‘Comprehensive sexual health education means education regarding human development and sexuality, including education on pregnancy, contraception, and sexually transmitted infections.”Protesters say graphic details of sexuality should not be taught in schools. “That is not the same as sex ed like we probably had in high school or middle school. That's something different,” says organizer America Figueroa. “Just that word, sexuality, it includes a lot of things in it like the teaching of other ideologies as well as sexual behaviors.”The group says a new bill will be introduced next year that will allow parents to review the curriculum online, so there is complete transparency. 10News reached out to Dr. Weber’s team. We are still waiting on a comment. 1661

SAN DIEGO (KGTV) — President Trump has repeatedly called on his supporters to volunteer as poll watchers for the upcoming election, including during last month’s presidential debate. But what exactly can a poll watcher do?Rules vary by state but in California, election observers can monitor what goes on at polling places or at the Registrar of Voters Office, where the ballots are processed and counted.“In California, we have probably the most transparent rules of any state,” said Pam Smith, a special adviser to the Verified Voting Foundation. “It's very clearly spelled out that you can watch any aspect of the election process -- pre-election, during election, post-election processes -- as long as you don't make a nuisance of yourself.”Election observers have been part of U.S. elections since the 1700s when ballots were counted publicly.Anyone can be an election observer in California, but they are often partisan volunteers supplied by campaigns or political parties.“The fact that you have two opposing sides engaging in this poll watching activity keeps each side honest,” said legal analyst Dan Eaton.Eaton said the basic idea is to promote transparency and public trust. Campaigns and parties also have practical reasons for sending volunteers to the monitor polls: they’re allowed to access the voter roster posted at each polling place, which they use for last-minute get-out-the-vote efforts.At the Registrar of Voters Office, election observers are allowed to raise challenges to the eligibility of individual mail-in ballots as the counting takes place. Common challenges include questions about the veracity of a voter’s signature or whether an oval is properly filled in, said political analyst John Dadian.“There’s a dozen different things you look for,” he said.In tight races, these observers, sometimes called challengers, can have an impact. Dadian cites the San Diego mayor’s race in 2004 as an example.“One candidate, Donna Frye, got several thousand more votes than her opponent, but several thousand votes were discounted and she did not become mayor. There’s an example of where it absolutely made a difference. It changed the whole direction of the city,” he said.The Secretary of State’s Office has a 30-page guide for interested observers. San Diego County has an abbreviated guide.Observers can take notes and record video of election workers, for example, but they cannot touch any voting materials or equipment.They can ask questions of poll workers but they cannot communicate with voters.“People can't show up and kind of block the path or taunt or jeer or give voters any hassle when they're trying to engage in their civic duties,” Smith said.There are also laws governing what election observers can wear: nothing with political messaging, which is considered an illegal form of electioneering. Observers are also prohibited from wearing clothing that resembles a peace officer or security guard, a tactic that was used to suppress Latino voters in Orange County in 1988.Violators can be charged with a felony.There will be additional restrictions on observers this election cycle because of the pandemic. The San Diego County Registrar of Voters Office is requiring observers to wear an appropriate face covering, answer a health questionnaire and stay in designated areas.“I think the operative term here is that they have the right to observe. They don’t have the right to interfere and intimidate voters as the polling location is a sanctuary for voters to cast their respective ballot,” said San Diego County Registrar Michael Vu.The Republican National Committee's effort to recruit thousands of poll watchers, which they're calling an "Army for Trump," has caught the attention of California election officials. Last week, California Secretary of State Alex Padilla sent a memo to county official administrators, advising them to brace for potential cases of voter intimidation.“County elections officials should be prepared to handle incidents involving disruptionand/or voter intimidation at the office of the elections official and/or polling locations,” the memo said. “Most incidents can be effectively diffused and deescalated with a calm demeanor andapproach that advises persons that they are engaged in prohibited activity that violatesstate law.”The memo encourages election officials to report troublesome cases to the state. Voters who feel they’ve been intimidated or had their rights violated can file a report to the state’s hotline at 800-345-VOTE. 4525

SAN DIEGO (KGTV) — Police have identified the man stabbed to death in a Pacific Beach bathroom this week.San Diego Police said officers were called on Sunday to a public restroom at 700 Grand Ave. to reports of a man who had been stabbed. Nearby lifeguards and firefighters were the first to arrive and started providing first aid to the man.Police said the victim, 39-year-old Michael Wagley, had puncture wounds to his upper torso and was taken to a nearby hospital, but died of his injuries. Police said Wagley was new to the San Diego area and had no established residence.RELATED: Man fatally stabbed in Pacific Beach bathroom, San Diego police sayAfter police arrived to the scene, several witnesses reported the suspect fled after the stabbing. A man matching the suspect description, later identified as 33-year-old Martin Alvarez, was detained in the area and later arrested for murder.Police are still investigating the events that led up to the stabbing and a possible motive. It's unclear if Wagley and Alvarez knew each other.Anyone with information about the incident is asked to call SDPD's Homicide Unit at 619-531-2293 or Crime Stoppers at 888-580-8477. 1178

SAN DIEGO (KGTV) -- One man was shot after a fight broke out near a house party in San Diego’s Jamacha-Lomita neighborhood late Saturday night. According to police, the shooting happened on the 1100 block of Koe Street at 11 p.m. Witnesses told police a fight broke out in the street near the house party before shots were fired. Police say the suspect left the scene while the victim was taken to Paradise Valley Hospital with a non-life threatening gunshot wound. The suspect was taken into custody after he was found at a nearby 7-Eleven with a gun in his car. At this time, the names of the suspect and victim haven’t been released. 645

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