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Drink and drug driving laws kick off tomorrow

By johnboy - 12 May 2011 47

Territory And Municipal Services are advising that new drink and drug driving laws are coming into effect tomorrow.

The stuff on drug driving is particularly new and goes like this:

What about drug driving?

— The ACT Legislative Assembly passed new laws to permit roadside drug testing of motorists for the presence of cannabis, methamphetamine and ecstasy.
— Police are now conducting random drug testing operations in the ACT.

What is the process for drug testing?

— Drug testing is a three-step process. The first step is an oral fluid (saliva) screening test, usually conducted at the roadside using a disposable testing device.
— If this test is positive, you will be required to provide a sample of saliva for analysis. This sample will be divided into two parts.
— One part will be analysed immediately by an oral fluid analysis instrument and the other part will be sent to a laboratory for confirmatory analysis.
— If the laboratory analysis confirms that a drug is present, you will be prosecuted for a drug driving offence.
If you cannot provide enough oral fluid for analysis, you may be required to give a blood sample for analysis.

What are the penalties for drug driving?

— The maximum penalty for drug driving is a fine of 10 penalty units for a first offence, or 25 penalty units and up to 3 months imprisonment for a repeat offender.
— A court can also order a period of licence disqualification.
— It is an offence to leave the test area before testing is complete and it is also an offence to refuse a drug test.

Where do I go if I need help to address drug use and driving issues?

— The ACT Department of Health’s Alcohol and Drug Program 24 Hour Intake and Helpline can assist in referring drug drivers with drug dependence issues to treatment providers. Please select the following link: ACT Health
— One phone call is all it takes to access help – the phone number is 6207 9977.

What’s Your opinion?


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47 Responses to
Drink and drug driving laws kick off tomorrow
1
Cheap 8:43 am
13 May 11
#

Total bullshit. Mid range drink driving (blowing between .07 and .15) will get you 3.5 penalty units, while a few puffs of a joint before you drive will net you 10. The saliva tests are completely flawed too – depending on individual metabolism there can be traceable amounts of cannabis in your saliva up to SIX HOURS after you last smoked even a small amount.

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2
2.0 8:45 am
13 May 11
#

Damn, Im gonna have to stop smoking crack and driving…

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3
fgzk 9:21 am
13 May 11
#

2.0 said :

Damn, Im gonna have to stop smoking crack and driving…

No, you do not have to stop smoking crack as crack is not being tested for. Switching to crack as your drug of choice along with the other drugs will now be encouraged.

It will be interesting to see how unreasonable pot smokers will be with police, when confronted with their “evil habits”.

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4
The Frots 9:34 am
13 May 11
#

2.0 said :

Damn, Im gonna have to stop smoking crack and driving…

Whoa………………let’s not get too carried away!

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5
PBO 9:47 am
13 May 11
#

It will be very interesting to see how the courts decide to charge as there seems to be no differentiation in detection between three minutes ago and three weeks ago.

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6
p1 10:07 am
13 May 11
#

2.0 said :

Damn, Im gonna have to stop smoking crack and driving…

That’s right. Messages from health agencies make it very clear that smoking is bad for you.

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7
harveybones 10:08 am
13 May 11
#

PBO said :

It will be very interesting to see how the courts decide to charge as there seems to be no differentiation in detection between three minutes ago and three weeks ago.

I’m genuinely interested in this aspect of policing the new laws. My partner is an occasional weed smoker, once a month max, only smokes at home and never drives under the influence. I have read that cannabis can remain within the human system for up to 3 months depending on the metabolism of the individual. So say my partner was pulled over and tested a week or two after he had enjoyed a spliff on the porch, could he conceivably test positive and be charged with driving under the influence?

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8
shadow boxer 10:19 am
13 May 11
#

Do they have these kits in all the cars or is it a bus type set up ?

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9
fgzk 10:21 am
13 May 11
#

PBO said :

It will be very interesting to see how the courts decide to charge as there seems to be no differentiation in detection between three minutes ago and three weeks ago.

I believe that’s called zero tolerance “differentiation”. How did the courts go with the recent case with the 4wd drive rollover, out at the cotter? He argued he had not smoked that day.

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10
dvaey 10:26 am
13 May 11
#

fgzk said :

It will be interesting to see how unreasonable pot smokers will be with police, when confronted with their “evil habits”.

It will be interesting to see how reasonable police are when the driver explains their ‘evil habit’ occured a week ago. Also to see how the courts feel about the whole issue.. at least some lawyers will make a bit of money.

Along similar lines, does this mean that police will be randomly drug/alcohol tested during their shift or before they drive their vehicles too?

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11
Jim Jones 10:32 am
13 May 11
#

fgzk said :

It will be interesting to see how unreasonable pot smokers will be with police, when confronted with their “evil habits”.

Yeah, pot smokers are notorious for being violent and aggressive.

BWA HA HAHA AHA HAH AHHA AHA HA A HA AH … : snort :

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12
Pommy bastard 10:57 am
13 May 11
#

So the idiocy continues.

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13
buzz819 11:25 am
13 May 11
#

dvaey said :

fgzk said :

It will be interesting to see how unreasonable pot smokers will be with police, when confronted with their “evil habits”.

It will be interesting to see how reasonable police are when the driver explains their ‘evil habit’ occured a week ago. Also to see how the courts feel about the whole issue.. at least some lawyers will make a bit of money.

Along similar lines, does this mean that police will be randomly drug/alcohol tested during their shift or before they drive their vehicles too?

They already have to undertake breath analysis at the request of a senior officer, so I guess drug testing will be the same?

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14
SgtSlaughter 11:28 am
13 May 11
#

This really is a farce. I have every objection to people driving whilst under the influence of anything but testing of this nature is NOT I repeat NOT in any way testing for people driving whilst impaired. If I decide too i can on a Saturday night consume a gram of Cocaine or Speed or take a dozen eccies even partake in Heroin and on Moday morning if tested will be negative, however if I have a joint on Saturday and a week later if tested will be positive. These tests are idiotic in the extreme, if tested for PCA (prescribed consumed alcohol) a week after having your last drink, irrespective of how much you drink you will be negative. These tests are supposed to aid in the reduction of road trauma, prosecuting someone because at some stage in the last three weeks they had a joint or worse still were in the vacinity of someone smoking a joint they will be prosecuted for drug driving when clearly their ability is NOT in any way impaired. THESE TESTS ARE A JOKE but unfortunately those prosecuted for smoking what is a decriminilised drug in the ACT. You can grow two plants (naturally) not hydroponically and the Police can issue an on the spot fin of $100 but drive three weeks later and face 3 months in prison WTF

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15
Chop71 11:45 am
13 May 11
#

SgtSlaughter said :

This really is a farce. I have every objection to people driving whilst under the influence of anything but testing of this nature is NOT I repeat NOT in any way testing for people driving whilst impaired. If I decide too i can on a Saturday night consume a gram of Cocaine or Speed or take a dozen eccies even partake in Heroin and on Moday morning if tested will be negative, however if I have a joint on Saturday and a week later if tested will be positive. These tests are idiotic in the extreme, if tested for PCA (prescribed consumed alcohol) a week after having your last drink, irrespective of how much you drink you will be negative. These tests are supposed to aid in the reduction of road trauma, prosecuting someone because at some stage in the last three weeks they had a joint or worse still were in the vacinity of someone smoking a joint they will be prosecuted for drug driving when clearly their ability is NOT in any way impaired. THESE TESTS ARE A JOKE but unfortunately those prosecuted for smoking what is a decriminilised drug in the ACT. You can grow two plants (naturally) not hydroponically and the Police can issue an on the spot fin of $100 but drive three weeks later and face 3 months in prison WTF

High Ho Silver

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