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roadside drug searches.


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I am not sure if that is how they calcul how long since your last dose it was just opinion but yes for heavy users it will probably not correlate very well between effect and amount in blood

 

@weekprick rest easy mate this was my post, I sometimes post without logging in and I just wanted to clarify my earlier post and say it was IMO.

Sorry if I freaked you out but I assure you I really have no interest in you except your posts (and other members) here.

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But he said it would not detect over-the-counter and prescription drugs.

What??? Over the counter and prescription drugs probably cause more accidents than mj, thats fucked.... Being able to get people on mj and Metha anphetamine....that is a pisshole in the snow in comparrison.. seems there needs to be priorities when testing for drugs at roadblocks.

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They say that cough drops wont register on a breath test for booze too, but it does. I know a tea totaler detective, that took a subject at TAFE I was doing. Never had a drink in his life, and laughed when he was told by people they hadn't drunk anything, but they had been chewing cough lollies. Then one day the D was pulled over on the way to TAFE, and he registered. It wasn't much, but it made the bugger sit and think.

 

I'm sure there's no way for them to eliminate confusion between speed, and medications, and THC and some substances. I can't remember what it is, but there's some common substance that shows up as grass in many tests.

 

Anyway, I'm not worried about the DUI type charge. it's more the "lets look in his home" after the positive finding that worries me. Fancy going for a drive to get some milk and bread, being pulled over for one of these things, and within the hour having ya house door kicked in with a search warrant, and so much for moving the plants then Weekprick. The cops'll take care of that for ya then.

 

But unless that happens mate, moving plants is easy. Just shove them inside wardrobes and so on, stack them in the truck, and do the move as fast as possible. I move on average about every 8 months (although I've been here a few years now).

 

Do be careful but. I watched a guy move in next door to me in Brunswick heads, and just by all the PVC pipes, and clean but used pots and bits of perlite blowing around the garage, I asked him within hours of moving in if he wasa growing. Just to allow him some breathing space, so he didn't have to worry. It was a great relief to him, and we had a great time living next to each other growing and so on. this was before the internet was common, and he had a lot of strain knowledge,. so it was good for me.

 

But I mean he hid the plants well, but the bits and pieces gave him away.

 

C ya.

rob

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IMO leo couldn't raid your house unless you were charged with mj in your system and this couldn't happen until they had a more specific test for mj ie a blood test so this would have to happen back at the station after the initial test just to make sure the reading was right, because yes depending on the test you may get either false + or false - but the result would have to be verified like a regular DUI is by more conventional and expensive methods and in the meantime i assume you would be allowed access to a lawyer etc.?, there are lots of different ways to analyse drugs in bodily fluids and some are very specific while others are not and are really just to do an initial tox screen to narrow down the drugs in a patients blood etc. However I don't know whether it gives them the right to search the car
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i've never been done for DUI but from what I have been told and read if the roadside test is positive the cops need to take a blood test (I think not sure of kind of test) which is better evidence ie more scientificlly sound so i have heard of ppl being 0.05 at roadside then when they get to station they test below the limit and are released post haste. If the inital test was positive I don't think you could say no to further testinfg without more serious charges being laid IMO and based on the current legislation/case law for DUI
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i've never been done for DUI but from what I have been told and read if the roadside test is positive the cops need to take a blood test (I think not sure of kind of test) which is better evidence ie more scientificlly sound so i have heard of ppl being 0.05 at roadside then when they get to station they test below the limit and are released post haste. If the inital test was positive I don't think you could say no to further testinfg without more serious charges being laid IMO and based on the current legislation/case law for DUI

yes you can. cops cannot force you to take a blood test no matter what you blow on the side of the road. well, in Qld anyway, but I would guess its the same everywhere.

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After the cops have established their is alcohol in your body then I am pretty sure they have the right to do a blood test the same as if you are in a serious accident because they need to verify your blood alcohol level for legal reasons, an RBT is not precise enough, if they have no evidence like a blood alcohol level from an RBT then yes they can not do a blood test but if you have already blown positive and refuse to take the subsequent test to verify the reading then this seems to fall under the umbrella of failing to let the police take the sobriety test when requested which in itself is a serious offence, whether they test for other drugs I doubt it because the cost would be prohibitive to do it all the time.

 

And in fact after an accident even a minor one in NSW you used to be able to request the other driver in the accident be tested for alcohol (this option was offered to me about 5 years ago at a cop shop in Bondi when I went to fill out an accident report but I don't know whether it is still done, I am not sure of the laws in QLD but they seem to favour the cops so I would assume the laws there are even more conservative

Edited by syk613
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having an accident is different because there are damages and blame to be attributed. If one of the drivers was under the influence this is a key factor so yes, if the police or other parties in the accident want to take it further you will have to take a blood test.

 

Random testing is not the same thing. You have not comitted an offense so in essence the police are investigating you. A lawyer with experience in traffic litigation has told me you can refuse the breath test, and a blood test in a random check. It may seem ridiculous to you based on "common sense" that someone can refuse a blood test if they blow over the limit, but thats the case as far as I know. But as I already said, I don't know if you make things worse for yourself by doing this. The police can get an order from a judge to get a blood test, but they cannot give you one against your will under their own authority if you have not committed an offense.

 

Unless you have something solid to refute this there is no point going back and forth on this.

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