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NEWS: Cops settle innocent driver's drug test case

Bent Mk2

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Oct 14, 2005
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401
Brilliant outcome for this poor guy!

Cops settle innocent driver's drug test case


Police have settled out of court a defamation claim made by a Victorian man falsely accused of being the world's first motorist to return a positive roadside drug test.

Ballarat courier John De Jong had reached a confidential settlement with Victoria Police over his defamation claim, The Herald Sun reported today.

The case was to have gone ahead in the Victorian Supreme Court within weeks.

As well as an undisclosed payment, police will give Mr De Jong a statement of regret, admitting mistakes and apologising for the hurt and embarrassment caused to him and his family.

Mr De Jong was the fourth driver tested when police set up a new drug bus for roadside saliva testing in west suburban Yarraville, as the media looked on, on December 13, 2004.

The media pack was told Mr De Jong had tested positive for cannabis and amphetamines use.

The alleged find was broadcast on four Melbourne television news services that evening and was beamed around the world.

Mr De Jong found his wife Kay and teenage daughters in tears when he arrived home, embarrassed by the reports.

An independent laboratory later tested the sample and cleared Mr De Jong. The police lab later confirmed the finding.

Mr De Jong told the Herald Sun he was relieved the ordeal was over and thanked his family and friends for standing by him.

"My family and I are very glad this sorry saga is finally over," he said.

"We never wanted to be in the public spotlight, and we're glad that this episode will soon just be history.

"A technical error caused embarrassment and distress not just for me, but for my wife and children. I look forward to receiving the statement of regret from Victoria Police."

A Melbourne barrister who specialises in defamation cases said he expected Mr De Jong would receive a payout of between $50,000 and $150,000, with police to also pay legal costs.

The Age

3 years fighting the Victorian Police Force can't have been easy, especially for 'an every-day average bloke' - good on him!
 
How many drug buses are there in NSW? I know thc stays in the sytem for a long time, but how long in the saliva? I Wouldnt drive stoned, but I dnt want to have to stay off the road days n days after tokin =\
 
How many drug buses are there in NSW? I know thc stays in the sytem for a long time, but how long in the saliva? I Wouldnt drive stoned, but I dnt want to have to stay off the road days n days after tokin =\

I don't expect it would stay in the system for days and days in saliva. The "up to 11 weeks" estimate you often hear is, I believe, for urine tests.

If you drive, say, 12 hours after 2-3 good cones, from the media I just looked at I'd like to think it wouldn't be detected. But don't quote me on that!!
 
Me thinks this is one reason why they havent been as prevelent as i was expecting.

The technolgy is hit and miss. At the moment it is largly a campaign of fear.

God Help us all when they get the bugs sorted out.
 
Flinch said:
How many drug buses are there in NSW? I know thc stays in the sytem for a long time, but how long in the saliva? I Wouldnt drive stoned, but I dnt want to have to stay off the road days n days after tokin =\

There is conflicting information about how long it will be detected for, but generally speaking, it is suggested that it should be around 4-8 hours after using. There are factors to consider, such as the quality and quantity consumed, and the method of consumption that will affect how long the THC is detectable in your saliva.
 
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i hope cases like this mans are seen more and more often, any win by the common man is a good one!!!:|
 
This case was special because of the media hoo ha associate with the 'first man caught'. So it was a defamation case. However, in saying that, with the 24 hour license suspension imposed in Qld, if the driver was a carer or had similar responsiblities that required use of a motor vehicle, I guess there could well be a case for liable if he/she was later cleared.
 
Not long after the saliva testing started in Victoria, police made "procedural changes" to the testing process to significantly lower the risk of false-positives. I believe, on the first day, this was definitely one of them... not to say that false-positives or false when a person is high readings don't still happen because a lot of the anecdotal evidence I hear suggests it still does... but at the start; Victoria Police weren't doing the testing properly.
 
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