roadside drug searches.

[syk613]

Something solid :page 10 5A.11 Failure to supply a specimen

QLD drink driving law

[pipeman]

that is solid, however it has nothing to do with the argument.

[syk613]

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.

 

The legislation on mj random testing when it is written will no doubt include something similar

Edited November 1, 2003 by syk613

[pipeman]

yes and that is still true. you can refuse test, also, your document says nothing about blood tests.

[syk613]

Ok I think maybe the confusion here is based on the fact that the 2nd test done may not be blood it may be urine or more advanced breath. I don't know the particulars but IMO the RBT is not enough evidence to charge someone with DUI the DPP needs a more precise test to get a conviction as a lot of ppl have indicated tests for drugs are not precise so I assume the law applies to both the inital and follow up verification, maybe I am wrong and the only evidence they need is an RBT but personnel experience suggests not. In regard to blood /urine tests then I totally agree they cannot require you to submit to one under normal circumstances but after a + result to mj at the roadside I doubt you could refuse and get away without some charge. Edited November 1, 2003 by syk613

[sols]

g'day; in nsw, when you register as over the legal limit for alcohol(0.05), the police then arrest you and take you to the station to register an official breath test in different machine.you have the option of doing another breath test or having a blood test. once the breath test machine is calibrated you then blow into it via hose, if you do not register properly, then by law, the machine must be re-calibrated and another test done not less than 20 minutes after. if you fail to register properly 3 times, then they will charge you for refusing a breath test, then you get charged for high range pca.

if you do everything right and register under the limit, the police must drive you back to your vehicle.there are no urine tests done as far as i know.