Drug-test driver sues

[Tom]

A DRIVER who became a victim of Victoria's roadside drug test fiasco is suing the State Government.

 

John De Jong, 40, said being falsely named and shamed as a drug taker had had a devastating effect on him and his family.

The van driver, identified as the first in the world to return a positive result in a roadside drug test, said a Victoria Police refusal to apologise had forced his hand.

 

"I think I have to take legal action. I don't really see myself as having a choice," Mr De Jong said.

 

"I did ask for an apology and nothing came back."

 

The Herald Sun first raised questions on the accuracy of the testing regimen. The Government was forced to try to defend roadside drug testing.

 

Mr De Jong said that he could not forget being identified to the media as driving with amphetamines and cannabis in his system.

 

"It's something I think about every day. It's always in my head," he said.

 

"I meet people in the street and there's always a comment somewhere.

 

"It's not only affected me, but also my wife and daughters. It has been devastating."

 

Mr De Jong was just the fourth driver tested when police set up their new drug bus for roadside saliva testing in Whitehall St, Yarraville, on December 13 last year.

 

Police command had organised for a large media contingent to witness the first use of the drug bus.

 

The media was told Mr De Jong had tested positive to the presence of cannabis and amphetamines and the information was broadcast by four television stations that evening.

 

When he returned to his Ballarat home he found his wife Kay and daughters Danielle, 17, and Belinda, 13, in tears after seeing him on the evening news.

 

The Herald Sun then revealed an independent laboratory had cleared Mr De Jong and the result was later confirmed by the police lab.

 

Law firm Slater and Gordon yesterday lodged a defamation writ in the Supreme Court on behalf of Mr De Jong.

 

The statement of claim alleged Assistant Commissioner Bob Hastings identified Mr De Jong as testing positive to drugs.

 

It alleged this information was broadcast on channels 7, 9, 10 and the ABC. It was also claimed Mr De Jong was called a hypocrite for saying on camera, before being tested, the drug bus was a good thing.

 

He is claiming aggravated and or exemplary damages because the police refused to apologise and were recklessly indifferent to the potential damage to his reputation.

 

Mr De Jong said money wasn't the main motivation. "I'd like to have the police admit they messed up that day," he said.

 

Solicitor Katalin Blond, of Slater and Gordon, said police should have anticipated what happened.

 

"They should have foreseen the possibility of someone testing positive at the roadside and later being cleared," Ms Blond said.

 

A spokesman for Victoria Police said they would make no comment on the lawsuit.

 

Author:Norrie Ross, law reporter

Date:01jun05

Source:Herald Sun

Copyright:© Herald and Weekly Times

 

[dicepunk]

This guy has me thinking....maybe i should stay clean for a while (make sure the thc is out of my system). Drive around looking for one of those drug busses and just before i drive up to it put a bit of weed leaf in my mouth n spit it out.

If the cunts posID me for weed ill just go get a blood test...have it sent to em. And kick up a god damned huge stink !

 

 

I'm glad this guy has the guts to stick it to the man(the big blue one) and i really hope he gets his apology. Totally agree with him suing.

[FlowerPower]

the fact that they arnt used anywhere else in the world, because of their irregular results, means if you have a half decent lawyer you will get off......stoned or not....

[WantDaChronic]

if i tested positive i would say im a regular smoker but havent had any since last night...if you wanna go get a blood test done, yes thc will show up in my system but thats because it can stay in the body for 28 days and me being a regular smoker, its bound to be there...

 

if they were to take the matter futher, i would go get me a lawyer and sue the fuck out of the police too...how can they prove you have smoked before u jump in the car or if you smoked up last night? especially if you have smoked a few grams to yourself, its going to show a high thc content no matter what u do :thumbdown

 

these tests are not even worth laughing at they are that inaccurate and i hope this guy wins so much money that it forces the cop shop that caught him to close down for good...bet if every positive test that wasnt legit turned around and sued the police causing a cop shop to close, they would quickly take those tests off the markets and alot of police would be out of the job ::

[Tom]

The main problem I have with this type of testing is that they have yet to determine what a "safe" amount is, we know that it is supposed to be .05 for alcohol but what about mj?

[dicepunk]

The safe amount is any until you can't walk to your car...personally my only real problem with smoking and driving is falling asleep. Other than that my brain goes into auto pilot and i trust my auto pilot more than my normal driving....I'm safer when i'm on auto pilot cause im not racing every second car that goes past

[WantDaChronic]

damn good point tom

[bloodshot_eyes]

I was told by my doctor the other day that cannabis remains detectable in your system for 11 weeks, even if you only smoked a small amount. I hope like hell those tests cant do that, there talking of bringing them in here too. Just has to be passed in parliment.