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NSW Charged with Driving with Methamphetamine - Get Statutory Declaration?

Discussion in 'Traffic Law Forum' started by lost for words, 15 December 2015.

  1. lost for words

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    Hi, I have recently been charged with driving with methamphetamine in my system and sent a court appearance notice even though I don't use it .

    I had picked up a couple of people from a party and they were smoking in the car. I had not even considered that I could be affected and subsequently test positive with this!

    Anyway, my question is, if I could get a statutory declaration from one of these people to take to court, would I have any chance of having this dismissed or overturned and would they (the police) then be able to charge the person that gave the statutory declaration?

    I'm really worried that I may lose my drivers licence as I run my own business and have a young family to provide for.

    No license = no jobs = no money. :'(
     
  2. Rod

    Rod Well-Known Member

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    Just because they were smoking doesn't mean you weren't or hadn't also smoked. A statutory declaration from them doesn't prove your case.

    If you were over the prescribed limit, whatever that is, you were over. Reason doesn't matter. Not sure how hard you need to fight.

    Depending on how long since the police test, you may need your own test and medical evidence done ASAP if you want a chance, albeit a slim one, to get off. Don't know if persistent long-term use can show up on tests.
     
  3. lost for words

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    Hi, Rod, there is no prescribed limit, the test just shows if it was found in your system or not. I don't use meth or any other drugs I was just driving people home and they smoked some in the car so it was obviously in my system from me inhaling their smoke. I was unaware that it would show up in any test just as though I had used it myself. by the way I didn't even know that they were smoking it until they offered me some, to which I declined .
     
  4. Rod

    Rod Well-Known Member

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    If you are going to fight the charge, you need expert medical evidence. Not sure how long meth/ice stays in the body. Being blunt, if there is no lasting evidence I think you are 'stuffed' as the body will have flushed the evidence so to speak. But I'm not an expert on this, hence, my suggestion to seek medical advice asap.

    Is there a mandatory sentence in NSW for this charge?
     
  5. Tim W

    Tim W Lawyer

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    No, a stat dec won't cut it.
    You'll need the person to give evidence.
     
  6. Timnuts

    Timnuts Well-Known Member

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    Hi there,

    Today I was also pulled over for a random and at this time, and a week and a half prior, mind you, I still had a low dosage of laryngitis. I blew on the bag and it took me 2-3 goes to get a steady breath to pass with flying colours but the officer pulled out a random lick and stick. It was the first time ever, and I'm 35; I've been driving since I was 16. After the all clear with the brethro, he explained what to do with this blue object.

    I placed it on my tongue and sticked it twice. He asked for my drivers licence whilst waiting for the test then moved away from my drivers door back and forth twice I felt this a bit weird. Apparently, it was a major indicator for the test and wanted me to the take second test in the truck.

    Reading me all the info and going through it quite thoroughly, I asked for my half of the test to give to my doctor to send and get tested. He refused 3 times after the animal walk at the start as well. I thought to myself I've been set up.

    1. I passed brethro

    2. did drug test with the officer walking of 2 times

    3. I've given no indication that I am on drugs

    4. the doctor and chemist have given me plenty enough with a recovering l4/5 protruding disc back injury and the nearly 2 weeks of laryngitis. Cough syrup, Cold and flu, Panadole plus with 15 percent codeine.

    5. making sure he did absolutely everything right, he forgot one thing and that was to pronounce and introduce himself to me and show me he had a certificate in how to administer an oral saliva drug test. He did not do this, and like I said before, I asked him politely 3 time to have a sample and was denied on the spot. Told it was with the other test sample and would be held there for only a year and yet another revenue raiser told, at my expense, would only the second test be carried out by the Sapol Labs or released to myself.

    I clearly stated I wanted a sample for my doctor for a third party test to be done and would be done before the Sapol Test even looked out.

    Anybody have anything they would like to add, please feel free.
     
  7. Rod

    Rod Well-Known Member

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    Doesn't matter, they don't have to give you one on the spot.

    The Road traffic rules relating to drug offences say the prescribed illegal drugs for driving are: marijuana, ice, and ecstasy. Looking at your list of medicines, false positives are possible for marijuana and ice so the type of further analysis conducted will be crucial if they end up charging you with an offence.

    You should now be making a complete list of all medicines you had in the few days before the drug sample was taken and wait to see if you end up being charged with an offence. If you are charged, then either pay the fine or get your own analysis done which may not be cheap. If you get the analysis done also supply the list of medicines you were taking so they can either choose the most appropriate analysis or at least advise you if their tests create false positives. It will help if they know what tests are done by the police accredited lab. As they are in the industry they may be able to comment on the police lab tests.

    A quick google search indicates Gas Chromatography and Mass Spectometry analysis will be the most accurate.
     
  8. Tim W

    Tim W Lawyer

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    That alone would have been enough to raise suspicions in that cop's mind
    that you were trying to manipulate the breath test. Suspicion is all they need.
    They are allowed to do that regardless.
    Checking your licence, rego, history and warrants is routine.
    So is walking away from you while they do it. If only so that you are out of punching range while plod is distracted by the radio.
    "Running the usuals" is normal, but is especially to be expected if the constable suspects an attempt to manipulate a breath test, or when the driver (or one of his mates) is mouthy.
    Set up? Don't flatter yourself.
    Sorry, no magic bullets there.
     

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