Finally a magistrate with some guts and brains.

[brick]

https://www.abc.net.au/news/2019-07-24/drug-driving-advice-cruel-underestimation-magistrate-says/11342430?fbclid=IwAR2937W1YcQvvF4VEpUndbwFtjXO0zxmsx81os4mV9T5QGd_pfRpFVOVlWc

 

 

A magistrate has described drug driving advice on a New South Wales Government website as a "cruel underestimation" that "lulls people into a false sense of security".

Key points:

• A NSW magistrate has blasted the State Government's drug driving advice
• David Heilpern made the comments while finding a driver not guilty over a 2018 roadside test
• Mr Heilpern said "specious information" leads to convictions that can have a broader social cost

 

David Heilpern today found a man not guilty of driving with an illicit drug present in his blood on the basis of an honest and reasonable mistake of fact.

The Lismore Local Court heard Robert Collier tested positive to cannabis while on his way to work at the Nimbin Mardi Grass festival on Saturday, May 5 last year.

The 34-year-old admitted he had a few tokes of a marijuana joint with workmates on the afternoon of Thursday, May 3.

Soon after, he looked up the NSW Centre for Road Safety website, which states that "cannabis can typically be detected in saliva by an MDT (mobile drug testing) test stick for up to 12 hours after use."

'False sense of security'

In dismissing the charge today, Magistrate David Heilpern said the 12-hour advice was based on there being no crossover from the blood to saliva.

 

He said it was "uncontroversial that THC was able to remain at detectable levels in the blood for days or weeks, and for months in urine."

"The 12-hour advice is nothing more than a cruel underestimation that gives people specious information, lulls them into a false sense of security, and leads to greater levels of detection, criminalisation and loss of licence," Mr Heilpern said.

"This case yet again illustrates the absurdity and inaccuracy of that advice.

"The testing regime is characterised by mystery and uncertainty by design, and I have thus been critical of the 12-hour advice.

"The consequences of this misleading advice, particularly in country areas, can be devastating.

"Loss of licence is often accompanied by termination of employment, loss of housing and relationship breakdown."

The executive director of the New South Wales Centre for Road Safety said there was no need to change drug-driving information on its website.

Bernard Carlon said the advice was correct.

"The information is general information with regard to the test devices that are used and the expert pharmacologist advice that we have," he said.

"So that information is correct.

"We've made it very clear on the website that the actual time that a substance is detectable in a person's system depends on the drug or the drugs taken, the dosage, and the potency of the drug.

"Individuals can vary, and heavy or excessive use may extend the effects of different drugs."

Solicitor calls for strategy rethink

Defence solicitor Steve Bolt said the information contained on the NSW Centre for Road Safety website was what most members of the public would rely on.

He said at the very least it should be amended, but that the State Government needed to rethink its strategy on drug driving.

The real issue is the law should be rethought in terms of what are we trying to achieve," Mr Bolt said.

"If we're trying to achieve road safety, we don't need to be looking at minute, miniscule levels of THC in someone's system.

"We need to work out some way of identifying what is a danger, and how do we address the danger."

[Devils Lettuce]

Yeah I bet nothing comes of it tho

 

Posted from the OZ Stoners mobile app

[Antipanti]

^ Your interpretation of events. Doesn't mean it's accurate. What an interesting read brick. Sativa driver all the way.

[oldfark]

Does this case now set some sort of precedent for other victims of these shitty laws to use in court?

[bufo marinus]

Interesting read.

 

 

Does this case now set some sort of precedent for other victims of these shitty laws to use in court?

 

 

Good question.

 

The magistrate raises a lot of valid points that people have been arguing for years.

Also great work by the defendant taking on the not guilty plea     he could have lost and had costs awarded against him, well done.

[Faith]

Nice news thanks brick.  What the magistrate said seemed to be honest/truthful judicial thinking, unlike some {most?}

Wonder who has the contract to build an/or import and distribute the test kits?  I'm sure the gangsters in office must have a buck making scheme behind every single decision they make.

 

Peace and good growing

Faith