SA Drug Driving Issue - What to Do?

Discussion in 'Traffic Law Forum' started by Matthew17, 10 August 2018 at 5:29 PM.

  1. Matthew17

    Matthew17 Active Member

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    A renowned youth drugs educator came to my old school the other day, claiming a young lad from the eastern suburbs was pulled over in an RBT/RDT. Allegedly after blowing 0 in the Breathalyzer, the officer took a look at him and demanded that he skip the 'first' saliva drugs test and submit straight to the 'second' (allegedly that can detect THC for up to a month) and tested positive for THC, having consumed cannabis a number of weeks ago. He alleges he and his family went to caught, swiftly lost the case and is now blacklisted from entering many countries including the United States, as well as receiving a permanent drug driving offence on his record.

    I would like to know is it reasonable to fear such a circumstance in this country? if so, how common is it? Would trying to make a legal case against a drug driving offence of this circumstance be swatted down by the courts so easily? It seems rather odd as one month clearly poses no risk to driving ability, and the ramifications rather heavy handed.

    This educator has similarly suggested simply being present at a gathering where cannabis has been found or perhaps dealt, you can receive a permanent drug offence on your record.

    Any information on the feasibility of this situation or on drug laws in general would be greatly appreciated.

    Thank you!
     
  2. Tim W

    Tim W Lawyer
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    There is a 100% successful way to avoid prosecution for drug offences.
    You may have heard of it - it's called "Not using drugs"
     
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  3. sammy01

    sammy01 Well-Known Member

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    Tim - the second question was being charged simply for being at an event where there were drugs.

    OP - I think the guy that came to the school was exagerating on every front to scare kiddies away from using drugs.
    Just checking, in the first instance? The kid was pulled over and submitted to an RBT and RDT saliva test? which came back negative? But the cop went on the the second test anyways?

    Nope just doesn't seem plausible
     
  4. Tim W

    Tim W Lawyer
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    Without having heard what the educator actually said, it's pretty hard to comment on that.

    Except to say that, as a general rule, grossly over-generalising for the sake of brevity and clarity,
    Person A's mere presence at a place where somebody (else) is committing an offence
    does not in itself always and automatically open Person A to charges in respect of the offence.

    As in all things, there are exceptions. Consider for example, things like conspiracy, acquiescence ("aid and abet"), and concealing an offence.

    Consider also, things like how residue can also show up in body-tissue tests on non-consumers, which can alert drug dogs, and even vigilant constables.

    I suggest that much depends on facts and circumstances, which for the sake of effect, the educator might have... mis-emphasised.
     
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  5. Matthew17

    Matthew17 Active Member

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    Thanks for your reply Sammy. He allegedly passed the RBT, but the officer skipped the first RDT and went straight to the second, follow up RDT in the van and he was charged with a drug driving offence.

    Thanks for your reply Tim, I appreciate the family friendly message, but it isn't really what I was looking for. I myself do not use drugs but there are people close to me that do, and I must say despite my opinions, they do so in a safe and regulated manner posing little danger to themselves or others. Should they pose a threat to others, such as on the road, that is understandably an offence anyone can comprehend?

    But you must understand why it is frightening and above all else rather outrageous that this officer seemingly went out of his way to prosecute this young man of an offence which posed no danger to those around him. And what is furthermore shocking and nonsensical is that the aforementioned factors allegedly held no validity in the courts whatsoever, and these, dare I say, grossly heavy handed punishments were carried out?

    As far as I am aware and correct me if I am wrong, the punishment for consuming Cannabis in South Australia for personal use is an expiation of $150 maximum, and has no permanent record.

    Regardless of our personal opinions, this seems unethical, and i simply wish to know if such a situation is at all possible, and if the courts truly have such little mercy for these circumstances!

    Thank you for your responses!
     
  6. Bill Murray

    Bill Murray Well-Known Member

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    Yawn.

    Fear mongering s**t and if you know anyone who claims to be in the first scenario personally then they are lying.

    SA drug driving test kits detect THC for hours after use, not days or weeks.

    You also get charged with DUI - I doubt your traffic record would even state if it was liquor or drugs but I am guessing.
     
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