28 November 2013

Alcohol and drug roadside testing laws strengthened

| Barcham
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Simon Corbell announced new legislation to strengthen roadside drug and alcohol testing laws today.

The Road Transport (Alcohol and Drugs) Amendment Bill 2013 seeks to reduce the incidence of drink and drug driving by strengthening the powers and ability of police to enforce drink and drug driving laws.

“Among the amendments made by the Bill is the creation of a new offence of refusing to undertake an alcohol or drug screening test, and a provision that makes clear the power of police officers to direct a driver to remain at a location to undertake a screening test,” said Mr Corbell.

“Under this new provision, where police suspect a driver has alcohol or prescribed drugs in their system, police can require the driver to remain at the scene for a reasonable time, not exceeding 30 minutes, whilst a screening device is obtained.

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Tooks said :

And why would they do that? Just for kicks? Do you know they have the power to stop your car at any time and do roadworthy checks on it. No time limit legislated either. Take off the tinfoil hats people. If they want to abuse their power they already have ample opportunities to do so.

So, to paraphrase, police already have too much power, so giving them a bit more won’t matter?

IP

Pork Hunt said :

Tooks said :

Antagonist said :

I do not drink or use illegal drugs, but I can see 101 different ways in which Mr Plod can abuse this unnecessary legislation for ‘suspected’ cases of drink/drug driving.

You should easily be able to name at least 5 ways then. Off you go.

Easy. The police pull you over and ask to see your license which you provide. They then go back to their non drink/drug kit equipped vehicle and talk amongst them selves/do license check etc.
Even if they thought you were affected by drink/drugs in the first instance, you have not been told this but the cops have already had a chance to call for back up.
When does the 30 min time limit start? The time you are detained for could easily stretch to 45 min depending on the situation.
All this for someone who may not even be drink/drug affected.

And why would they do that? Just for kicks? Do you know they have the power to stop your car at any time and do roadworthy checks on it. No time limit legislated either. Take off the tinfoil hats people. If they want to abuse their power they already have ample opportunities to do so.

Tooks said :

Antagonist said :

I do not drink or use illegal drugs, but I can see 101 different ways in which Mr Plod can abuse this unnecessary legislation for ‘suspected’ cases of drink/drug driving.

You should easily be able to name at least 5 ways then. Off you go.

I can only see one – failing the attitude test and being required to sit for 30 minutes while the cops wait for the testing kit, and either it arrives or it doesn’t arrive and you are allowed to leave to attend the job interview you just missed, or to pick your kids up from school, or rendezvous with your dealer.

There’s a daft article in today Canberra Times on this, saying how wonderful it is that people’s cars will be smashed up on the side of the road while they are taken away because their husband put hemp seeds in their muesli.

IP

Tooks said :

Antagonist said :

I do not drink or use illegal drugs, but I can see 101 different ways in which Mr Plod can abuse this unnecessary legislation for ‘suspected’ cases of drink/drug driving.

You should easily be able to name at least 5 ways then. Off you go.

Easy. The police pull you over and ask to see your license which you provide. They then go back to their non drink/drug kit equipped vehicle and talk amongst them selves/do license check etc.
Even if they thought you were affected by drink/drugs in the first instance, you have not been told this but the cops have already had a chance to call for back up.
When does the 30 min time limit start? The time you are detained for could easily stretch to 45 min depending on the situation.
All this for someone who may not even be drink/drug affected.

dph said :

Are you moron’s really trying to defend the rights of people who drive under the influence of drugs & alcohol?

What about the greengrocers?

IrishPete said :

dph said :

Are you moron’s really trying to defend the rights of people who drive under the influence of drugs & alcohol?

check your use of apostrophes before calling someone else a moron…

IP

If being a moron was judged on spelling and grammatical errors, the entire human race would be guilty.

dph said :

Are you moron’s really trying to defend the rights of people who drive under the influence of drugs & alcohol?

check your use of apostrophes before calling someone else a moron…

IP

Antagonist said :

I do not drink or use illegal drugs, but I can see 101 different ways in which Mr Plod can abuse this unnecessary legislation for ‘suspected’ cases of drink/drug driving.

You should easily be able to name at least 5 ways then. Off you go.

Comic_and_Gamer_Nerd6:16 pm 30 Nov 13

dph said :

Are you moron’s really trying to defend the rights of people who drive under the influence of drugs & alcohol?

I do not see anybody doing that.

How_Canberran5:05 pm 30 Nov 13

Blen_Carmichael said :

An intoxicated driver is very unlikely to patiently wait by the side of the road for 30 minutes. Bladders are only so big.

So he cops a ‘urinate in a public place’ on top of his DUI…no biggy.

Blen_Carmichael4:19 pm 30 Nov 13

An intoxicated driver is very unlikely to patiently wait by the side of the road for 30 minutes. Bladders are only so big.

Are you moron’s really trying to defend the rights of people who drive under the influence of drugs & alcohol?

I think they are passing a law so they don’t have to buy enough screening devices.

I suggest people who think this goes too far petition Shane Rattenbury about it, as he’s the Minister with a conscience.

However, blocking it will require the Liberals to oppose it, and they wouldn’t side with Shane over Corbell’s call-in powers a couple of of months ago, so even this strategy is probably doomed to fail.

IP

I do not drink or use illegal drugs, but I can see 101 different ways in which Mr Plod can abuse this unnecessary legislation for ‘suspected’ cases of drink/drug driving.

So you can be detained without charge for half an hour. What about my ****ing human rights, Corbell?

How_Canberran7:32 pm 29 Nov 13

DrKoresh said :

So if they can’t procure a testing device in 30 minutes you can just leave?

…sure, and then you’ll get locked up for DUI.

How Canberran

And will the clock start a nano second after they indicate you should pull over? My bet is the 30 minutes will be at the discretion of Mr Plod to a large extent.

So if they can’t procure a testing device in 30 minutes you can just leave?

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