VIC Charge: refuse to accompany police officer for secondary saliva test (section 55 e)

Discussion in 'Traffic Law Forum' started by Kunda, 30 July 2019.

  1. Kunda

    Kunda Member

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    I got pulled over for speeding 93 in a 80 zone and then alcohol and drug tested. Blew 0.00 but the police officer said the preliminary drug test indicated an illicit substance. (I don’t do drugs) I had a mouth cancer scare last year and have been using cbd drops - I have since discovered they have a trace of thc in them 0.03% He wanted me to sit in the back of his car on my own street, where my parents also live, work colleague, clients (main rd into Rye and St Andrews beach) on a very hot afternoon - he said for 3 hours to get a secondary saliva test. I was on my way to work (I’m a nurse in Rosebud and Frankston emergency and youth psych) I could not wait 3 hours - they were already understaffed and that is why they had called me in to work half way through the pm shift. The police officer did not inform me that it is a mandatory loss of licence for 2 years. But in his statement he says he did?? If I lose my licence I will lose my job and my house - I don’t have a husband or another income. This is potentially life destroying when I spend my life counselling people about the impact of using drugs on their health and social welfare??? What can I do??
     
  2. Tony Danos

    Tony Danos Lawyer
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    It is not law to advise yo of the mandatory license loss. I suggest you should engage a lawyer who knows the area due to the dire consequences.
     
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  3. Kunda

    Kunda Member

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    Thankyou. Yes NOW I know it’s very difficult to challenge this charge and I cannot believe that I am supposed to know the law and rules and consequences when I NEVER thought I would need to know about drink or drug driving law because I don’t drink or do drugs. I’m 50 - haven’t smoked weed for 20 years!! What about my rights to a fair trial?? Or do I have rights to privacy while undergoing a secondary saliva test (not on my own street in a small community where my parents, work colleagues, clients, friends etc drive by, sitting in the blazing sun??) I didn’t refuse the test, I told the officer first of all that I had to get to work and also I would not be agreeable to sitting on the side of my own road with him for 3 hours. When the second test would almost certainly come up negative. When I contest this in court, will the informant (police officer) be present?? What happens if he doesn’t attend??
     
  4. Tony Danos

    Tony Danos Lawyer
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    The police must attend court to prove their case.
     
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  5. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    Why would it take three hours? Usually only a few minutes.
     
  6. Tony Danos

    Tony Danos Lawyer
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    The three hours is the period which the police must get a breath sample
     
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  7. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    Noted.
     
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