Colleen Nordberg doesn't remember much about the events of Aug. 21. But she also doesn't want to remember that day.

It was several weeks after that day her memory had a brief flashback.

"I remember seeing a truck come at me and thinking I'm dying and not seeing my husband again," she said.

Nordberg later learned, through her husband and others, that she was riding her bicycle to work about 2:30 p.m. near the intersection of 1700 South and 2100 East when she was hit by a vehicle. It was driven by a 22-year-old man who allegedly ran a red light and was traveling about 30 mph.

"I flew 40 feet," Nordberg said.

She suffered serious head trauma. The impact cracked her bicycle helmet, but she credits it with saving her life.

Nordberg's face suffered several fractures, her leg was broken in several places and she lost a lot of blood.

The driver of the car that hit her consented to a blood draw by police, said Salt Lake City police detective Robin Snyder. Several weeks later, his toxicology tests came back and tested positive for recent marijuana use as well as signs of prior marijuana use, she said.

Salt Lake City police screened charges with the Salt Lake County District Attorney's Office. They had hoped felony DUI charges would be filed. But state law does not allow a charge of DUI to be filed under such circumstances.

The problem with marijuana and other drugs is proving impairment, said DA spokesman Bob Stott. Alcohol has been scientifically proven in certain amounts to cause impairment, he said. With drugs, there have not been enough studies to show at what levels a person is considered impaired to drive, Stott said.

A statute was recently passed to compensate for those scenarios. Drivers found with drugs in their system, who negligently cause seriously bodily injury or death, can be charged with drug possession and then have the charge enhanced by one degree.

For marijuana possession, however, that means the charge is only elevated from a class B to a class A misdemeanor.

The driver who nearly killed Nordberg was charged with a class A misdemeanor for drug possession that caused an injury and failing to stop at the light, a class C misdemeanor. The charges are not considered "moving violations," Snyder said, meaning they will not show up on the man's driving record.

Nordberg and her husband, Brian, said they were stunned to learn the driver would not be charged with a felony.

"If you're stoned, I'm sorry, that's the same as being drunk. They should be prosecuted the same way," Brian Nordberg said. "Possession (of a controlled substance) is not a crime against a person. It's not running into someone and almost killing them. The whole system feels broken."