FAQs on Drug Driving

by Kristen White Blogger In 2005 the NSW Police Force commenced legal action against eight thousand two hundred and fifty three (8253) people, for driving with an illicit drug present in their system. This is a two hundred and fifty two percent (252%) increase from the two thousand three hundred and forty seven (2347) people who had legal action taken against them by the NSW Police Force in 2014. Of the eight thousand two hundred and fifty three (8253) people proceeded against by the police in 2015, ninety two percent (92%) of them were charged with their first offense while eight point five percent (8.5%) of the people were charged with a second or subsequent offense. Between January and July 2015, random drug tests were conducted on up to thirty one thousand six hundred and seventeen (31617) drivers and of this number two thousand four hundred and fifty five (2455) tests were returned positive; which is an average of one in every thirteen tests was positive of having an illicit drug in their system.

There are a number of questions people ask in respect of drug driving in NSW and this article will answer some of those questions.

1.Who is required to take a random road side saliva test?

-A random road side saliva test may be administered to anyone who is operating or attempting to put a motor vehicle in motion. The requirement of roadside drug testing is set out by the law. The test is for recent consumption of THC (cannabis), Methyl amphetamine (speed) and MDMA (ecstasy). This also includes a passenger acting as a “qualified supervisory driver” for a learner driver; as defined under the Motor Vehicle Act of 1959.

2.Where are random road side saliva tests conducted?

-As with all mobile random breath testing, drivers and riders may be stopped by police officers at anytime, anywhere in South Australia and be tested for the three prescribed drugs as well as alcohol. This includes high risk areas like truck routes and entertainment precincts.

3.Who is authorized to conduct the random road side saliva test?

-Only police officers who have been specifically trained both in the use of saliva testing equipment and testing procedures are authorized to administer road side saliva testing.

4.What effects do cannabis, speed and ecstasy have on driving ability?

-Cannabis has the following effects on ones driving: it impairs mental functioning and reduces attention and concentration on the driving tasks, it can also affect ones driving even if there are no outward signs of impairment.
-Speed and ecstasy reduce coordination and affects one’s ability to adjust speed and judge distance. They can also increase a person’s confidence so that they are more likely to take dangerous risks while driving.

5.Is it possible to test positive of THC as a result of passive smoking?

-No. Study shows that the levels of THC on saliva from passive smoking are considerably lower than the lowest level of THC detectable by the saliva testing device.

If you are looking for a reliable legal adviser, the author of this article recommends Etb Legal.

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Created on Dec 31st 1969 18:00. Viewed 0 times.

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