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  • AADD Moderators: swilow | Vagabond696

Roadside Drug Testing (VIC)

unspecified said:
just a quick question, has anyone heard any updates on the portable saliva tests that police can carry on their person. I know they were holding off on using them because of a slight variance of innacuracy. The portable ones look very similar to the drug testing ones you can buy at autobarn etc. for parents to use on their kids primarily. Other question is, if and when these babies start being used by the cops, will it only be enough to give them sufficient reason to take you down for a lab test, or will they b able to book you on the spot?

Are you talking about the Drugwipe saliva tester? I don't see any reason for police to be carrying them on their person, they have enough equipment to lug around as it is, and the only purpose for that equipment is to bust drug drivers so they'd be located at drug buses and certain patrol vehicles.
 
Driver can sue police over roadside stop
Norrie Ross
August 08, 2006 12:00am

A DRIVER wrongly identified as the first in the world to return a positive roadside drug test has won a major legal victory.

A judge has ruled John De Jong, 41, can pursue a defamation lawsuit against Victoria Police. He is claiming substantial damages.

The Ballarat courier-driver was tested and identified during a police-organised media stunt on the first day a drug bus took to the road, in December 2004.

Justice Bernard Bongiorno said his claims, if proved, would show police invited the media to attend and then said Mr De Jong had twice tested positive for illegal drugs.

An independent laboratory later cleared Mr De Jong -- a result confirmed by the police lab.

Mr De Jong says police refused to apologise.

Mr De Jong's lawyer Katalin Blond, of Slater & Gordon, said yesterday he was relieved.

"John is very stressed by this still," she said.

"By calling the media . . . by parading John before them, what else did they think would happen?"

From Herald Sun

Not much more than a small postscript to this whole affair since the roadside drug testing is a permanent part of our laws that isn't going to change regardless of the outcome of this case.
 
News - The Australian - 20/08/2006 'Jail threat to drug drivers'

[EDIT: Threads merged and link added. Thanks for posting. hoptis]

Read this in the paper on sunday, good to know if ur planning on driving on drugs..

Jail threat to drug-drivers
By Chris Tinkler and Kelvin Healey
20aug06

DRUG using drivers who refuse tests face up to 18 months in jail under tough new laws.

Stiff penalties proposed by the State Government also include doubling the sanctions for first-time drug drivers.
Courts will be able to ban motorists who fail a drug test for the first time for up to six months - up from three months -- and fine them up to $1289.

The crackdown has been prompted by an alarming number of drug-driving-related deaths on Victoria's roads.

The legislation will be rushed into Parliament this week, alongside new laws for serial drink-drivers. It is expected to be in effect by the end of the year.

Drivers who refuse to undergo tests when visibly impaired by drugs face jail terms for repeat offences.

The maximum prison term for second-time offenders will rise from three months to 12 months. Third-time offenders could be jailed for up to 18 months - six times the current maximum sentence - and fined up to $19,337.

The penalties for motorists who fail police roadside drug tests will be substantially increased across the board.

In addition to a possible six-month ban and maximum $1289 fine for first-time offenders, second-time offenders could be fined up to $6446 and have their licence suspension doubled from six months to 12.

Further offences could attract a licence ban of 12 months and a fine of up to $12,892.

Those who simply refuse tests, but are not visibly drug-affected, will face mandatory penalties in line with the maximums for those failing tests.

Police figures show one driver in 46 tested is under the influence of cannabis or methamphetamines, or both.

The figure is worse than the drink-driving statistic - one driver in 54 is over the .05 legal blood alcohol limit.

Police Minister Tim Holding said the new laws were designed to save lives.

"Data from the coroners' office tells us that almost a third of all drivers killed on Victorian roads have a drug other than alcohol in their body," he said.

Herald Sun
 
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I like the idea of higher penalties and taking the cars off serial drink drivers but these new fines for first and second offence drug driving seem quite extreme.
 
I guess so, just like you can refuse a breath test. going back a few years my mate was going to refuse a breath test, but after hearing the whole mandatory penalty thing thought he should take his chances
 
It's crap. Incarceration is guaranteed to cause severe harm. They don't care about the wellbeing of people.
 
Splatt said:
So you can refuse a drug test can you ?

You can, but refusal can sometimes (especially if you're a first-time offendor) lead to a more heftier charge. If you have multipleXmultiple offenses, it can turn in favour of the offendor. I learned this just the other night in drink-driving/drug education. But, yeah.... basically refusal of a breath/drug test will get you in more trouble (I think two years loss of license) than it's worth.

I should be reciting this knowledge, as I most-likely have magistrate Crisp appear before me. :( (the guy is a nazi when it comes to drink-drivers).
 
This new legislation is fucked up! I fucking hate that mini hitler with spikey hair Tim Holding! I agree that repeat offenders should face scaling up consequences but a $1300 fine for the first offence is so tough! What do first time drink drivers face? can't be anymore than a $600 fine! I can't see how that driving after smoking a j with a mate is going to be twice as dangerous than driving after having 6 beers with mates at the pub!
These statistics are so outta whack also! They paint this picture to the public that junkies n stonners are driving around everywhere with that 1 in 46 figure! The single drug bus that they used in this trial was used speciffically to target areas where they knew they'd get a high strike rate, main roads to raves, trucking routes, the tiny town outside [EDIT: No event names. hoptis] 160ks from melb - Fuckers!:X
Taken by a fearful public these statistics give cops the mandate they want to be "tough on drug drivers"! Victoria is turning into a fucken police state! They use the drug driving issue to simply penalise anyone who they can prove has been using drugs... Its gone too far!!
 
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Police to start ecstasy tests (Vic)

[EDIT: Threads merged]

ABC Online, 28 August 2006

Police to start ecstasy tests

Victorian police will this week begin testing drivers for the drug MDMA , commonly called ecstasy. Saliva swabs will be taken at random from Friday.

The State Government has confirmed its plans to test for the drug, to complement its tests for methamphetamines and cannibis, which have been going for 18 months.

Victoria Police will tomorrow release statistics of successful trials. The tests will involve an initial mouth swab and another sample taken on the spot. But people will only be charged after a subsequent independent laboratory test.

Link to story: http://www.abc.net.au/news/newsitems/200608/s1726318.htm
 
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How long does MDMA stay in your saliva?

EDIT: Don't worry looked it up, apparantly its detectable in the saliva 1.5 hours after administration and up to 10 hours after administration. Found Here:
http://www.clinchem.org/cgi/content/full/48/1/174

Your driving will obviously be affected while under the influence of the drug and driving when you've just come down, and are skat is probably worse. I'm just glad that you can drive the day after and not get caught with it still in your system. Oh, and i have driven home at the end of the night a couple of times, i don't think my driving was affected to seriously, nowhere near as much as drink driving.
 
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Blitz on ecstasy drivers
August 29, 2006 12:00am

POLICE will charge Victorian motorists who test positive to ecstasy in a world-first crackdown on drug-driving.

From Friday, police will use new technology to prosecute drivers using the designer drug.

Ecstasy is included under new legislation ramping up penalties for drug drivers.

First-time offenders face fines up to $1300 and a six-month driving ban.

Until now, police have been able to charge drivers over cannabis and amphetamines, but not ecstasy.

In a world breakthrough, they have perfected the technology to detect the drug in saliva and blood samples. It is estimated half of motorists who tested positive to amphetamines since drug-testing began in December 2004 also had ecstasy in their system. That equates to about 150 drivers.

Assistant Commissioner (Traffic) Noel Ashby warned ecstasy users they would face the full force of the law.

"It is war. We will get the people who endanger the lives of other Victorians off the roads," he said.

"We've been happy for it (the ecstasy legislation) to come along. "We knew of the effect of cannabis on people.

"And we also knew that methamphetamine was . . . used heavily in the haulage industry, and also can be used at nightclub strips and places like that." "We wanted to make sure everything was right," he said in relation to the testing. "It's very important for us to go to court with strong facts. "Testing of itself is a world first. "We shared some interest last week from Ireland.

Other jurisdictions around the world are now showing significant interest in our results. "Again, I think there is no doubt that Victoria is a world leader. "Part of having that mantle, it's also equally as important to make sure we do things properly and not rush in and run the risk of besmirching the program for want of doing things promptly."

Figures seen by the Herald Sun show more than 21,000 drivers were drug-tested in the 20 months to last week. More than 6000 were truck drivers.

A total of 339 car drivers and 97 truckies were busted -- or one in 49. That compares with one in 54 motorists caught drink-driving. A breakdown of the drug results shows 300 tested positive to methamphetamine, 34 to cannabis and 102 to both. Five were caught for a second time. Sixteen drivers have been charged with refusing to take a drug test.

Police Minister Tim Holding said drug-driving was as dangerous as drink-driving. "In 2005, more than 40 per cent of drivers killed in Victoria tested positive to drugs other than alcohol," he said.

"Drug-taking can exacerbate the lethal effects of alcohol and fatigue. "Many drivers also appear unaware of the effect illicit drugs can have on their levels of alertness and vigilance, and on their ability to quickly react to unexpected events."

Under the new penalties for drug-driving, second offenders face fines up to $6500 and a 12-month driving ban. Those who commit further offences will be fined up to $13,000 and lose their licence for 12 months.

Penalties will also be increased for drivers who refuse to take a test.

From Herald Sun
 
"First-time offenders face fines up to $1300 and a six-month driving ban."

Fuck That! Why is the penalty so harsh for driving under the influence of e? If anything you can probably concentrate MORE driving on e. Its nowhere near as bad as driving drunk.
 
wat a load of shit, you can't drop a flipper and drive...

looks like we'll all be trippin balls off acid and gettin behind the wheel from now on!

the government has no fucking idea
 
^Fuck Yeah! :D Those fuckers cant test for acid now can they!! I've always said I wouldn't drive on acid, but now the government gives me no choice!
Can't wait to get pulled over by the drug bus tripping on acid =D =D
We should start a scare campagin, "ACID, the only legal way to drive"!
 
Rated E said:
Its nowhere near as bad as driving drunk.

Shut up and read this

Sorry, but I'm all for these new laws, so long as people are 'fairly caught', ie caught whilst under the influence of, of the after affects of drugs.

You want a night out on the pills? Then buy one less pill and catch a cab home.
 
^Fuck, ain't seen that thread before.... Hardcore shit!
maybe I won't drive on acid, but I still think this is just an attempt to penalise drug users otherwise the consequences would match those of drink driving offences. Plus, different drugs pose different dangers, you can't just lump them all into one catorgory!
 
At the end of the day I don't think anyone should drive under the infuence of anything. Taking drugs is a personal decision, but by deciding to drive whilst affected you're making it everyone's decision. That poor family you might wipe out weren't interested in taking drugs.

Like I've said, if you can afford to take drugs then you can certainly afford to blow $40 on a cab home.
 
ilikeacid said:
^Fuck Yeah! :D Those fuckers cant test for acid now can they!! I've always said I wouldn't drive on acid, but now the government gives me no choice!
Can't wait to get pulled over by the drug bus tripping on acid =D =D
We should start a scare campagin, "ACID, the only legal way to drive"!

That is the most fucked thing i have ever read on this site.

Driving is a privilige, not a right. If you don't like the rules, walk.

I hope for everyone's sake that you only take yourself out.
 
ilikeacid said:
I still think this is just an attempt to penalise drug users otherwise the consequences would match those of drink driving offences.

Apart from the difference in the fine, the suspension period is virtually equivalent to Vic's drink driving penalties.

Info from Vic Roads
 
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