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QLD Motor Vehicle Accident - Drive with Drug in System

Discussion in 'Criminal Law Forum' started by Dazz, 1 June 2014.

  1. Dazz

    Dazz Member

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    I was in an accident about 6 months ago where I was knocked off my motorbike and injured quite badly. I am still making weekly hospital visits and probably still off work for another couple of months. The person that hit me in my motorbike accident has been charged, however a couple of days ago I received a 'notice to appear' because when I was in hospital & they took my blood to make sure I hadn't been drinking the results showed 0.002 mg/kg of THC (part of cannabis) in my system. Does the medication & pain relievers the hospital had me on interfere with this reading as I had not had any drugs and don't understand this reading? What should I do?
    Also, are there time limits to how long after an accident this test should occur? Thanks!
     
  2. Amanda E

    Amanda E Well-Known Member

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    Hi Dazz,
    Which State are you in?
    So how long after the accident did they do the test? And how long had you been in hospital when they did the test?
     
  3. Dazz

    Dazz Member

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    I am in QLD.. The accident was at approx 3:40pm the test was approx 8:30pm.. I had been in ambulance then hospital under heavy pain management from the scene. I'm not sure how long it took the ambulance to get there but I believe it was pretty quick, they gave me the green whistle then went in ambulance, we met with an intensive care ambulance on the way where I was transferred to that. It probably took 45mins to get to the hospital where I was transferred to trauma dept. That was on 3/1 and I had no idea there was a problem til last Thursday!
     
  4. Amanda E

    Amanda E Well-Known Member

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    That does seem a bit odd if you you don't drink or takes drugs. I searched for some information about this type of alleged criminal law offence and saw the Queensland Government site has information about 'Drug Offences' which says:
    From December 2007 the police have been able to undertake random roadside saliva testing for illegal drugs including cannabis, speed, crystal meth and ecstasy. If any trace of illegal drugs are found in your system while you are in charge of a vehicle—you do not even have to be the driver—the court can impose a fine of up to $1,400 and you could lose your licence for up to 9 months for a first offence.

    Qld Police has a Drug Driving Fact Sheet that you might find useful. The process suggested on the Fact sheet would suggest testing at the time that you're picked up in your car.

    There is some more information on the Legal Aid Qld site, but this seems more complex than what could be bounced in a forum and I think you'll need to chat with a criminal lawyer. It might be worth contacting Legal Aid Qld to get some thoughts on your particular situation. I think its important that you're well equipped to defend your innocence.
     
    John R likes this.
  5. TPD_Awareness Australia

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    Hi Dazz,

    Have your injuries stopped you from working for 6 months or more?
     

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