Driver Booked 9 Days After A “Smoke” In NSW.
This article is about recent cases before New South Wales courts for drug driving. Our site presents varied matters and issues relating to the motoring public including legal news, compliance with road regulations, changing road rules and regulations and quirky events that may be involving driver related stories.
Indeed, recent testing practices have been called into account by the media as you will read below.
The Sydney morning herald reported an increasing number of drugged drivers being caught in New South Wales. If you are looking for information on drink driving or a drunk driving solicitor you might want to read our earlier article on the subject.
‘Mystery’ laws: drug-driving push picks up medical marijuana user – February 13th, 2016 (Lisa Visentin)
In particular was a case of a driver who used marijuana for medical purposes four days prior who was caught leading a magistrate to say that the laws were a mystery.
This has brought to question the accuracy of the New South Wales government guidelines highlighting “typically safe” driving times of 12 hours after using marijuana without being picked up by mobile testing.
This discrepancy will lead to confusion in the courts no doubt, especially where it’s being reported in media that the number of drug drivers being tested in the 12 months to September 2015 has doubled.
The New South Wales government also plans to triple the number of roadside tests annually. The question is (as raised by lawyers) is that is the government testing scientific and robust?
The official advice on detection levels from the NSW government is limited to a single line of the Centre for Road Safety website: “Cannabis can typically be detected in saliva by a mobile drug testing test stick for up to 12 hours after use.”
Minister for Roads Duncan Gay said the zero-tolerance approach was motivated by deterrence after drug driving was linked to 14 percent of road fatalities in 2014.
“My advice doesn’t take illegal drugs and if you do, be responsible and conservative with your decision of when it is safe to drive to avoid the consequences.”
Someone reading that statement from the minister would agree, I agree but it bypasses the point of the soundness of the testing methodology.
To add more confusions there was a case in Lismore (as reported by the Sydney Morning Herald of the same article) about a driver being tested positive 9 days after he smoked Cannabis. In this case, the person was acquitted.
No doubt the acquittal will put the laws into limbo.
So what are your roadside rights in respect of drug driving? A Lismore based solicitor has put together information on drug driving headed “Fact Sheet: Roadside Drug Testing“. Steve Bolt of Bolt Findley Solicitors
explains in the fact sheet that the NSW Police have the power to stop any vehicle and require the driver to submit to saliva testing. You can read more at the Bolt Findley Solicitors above link for which the fact sheet below has been written by.
What do you think of the latest drug testing catches and cases before the courts by people who have consumed medical cannabis some 9 days before being caught by New South Wales Police for drug driving? Why not share this article in Facebook or Twitter?