Roadside drug screening & drug testing
Discussion
miniandy said:
Thanks DVD. However, can you explain it a little more to me please?!
Cheers
Its like the breath test. Plod tests at the road side to weed the goodies from the baddies (screening)
When he gets a baddie its into the Plodshop wher the full evidential test is made to confirm OPL.
dvd
Plotloss said:
But how does, in the lack of a limit being set for anything other than booze, does the presence of a substance in the bloodstream prove impairment? Thats the critical point isnt it? That driving hasnt reached a standard due to impairment due to drugs?
By the standard of driving? If your driving is pss poor and you are stopped then by screening/testing you can be booked for "impaired driving"?
You get stopped for a random check... perhaps your tail light bulb has failed on the journey. You get tested positive because you had a spliff a few nights ago and cannabis is detectable for weeks after it's ceased to have any effect. You weren't driving under the influence, but how do you avoid being treated as if you were?
Pigeon said:
You get stopped for a random check... perhaps your tail light bulb has failed on the journey. You get tested positive because you had a spliff a few nights ago and cannabis is detectable for weeks after it's ceased to have any effect. You weren't driving under the influence, but how do you avoid being treated as if you were?
Are we talking about different things here?Are the tests for seeing if you have taken illegal drugs or are they testing to see if you are impaired by taking illegal drugs?ie is it a drug crime or a traffic offence?
esselte said:
Pigeon said:
You get stopped for a random check... perhaps your tail light bulb has failed on the journey. You get tested positive because you had a spliff a few nights ago and cannabis is detectable for weeks after it's ceased to have any effect. You weren't driving under the influence, but how do you avoid being treated as if you were?
Are we talking about different things here?Are the tests for seeing if you have taken illegal drugs or are they testing to see if you are impaired by taking illegal drugs?ie is it a drug crime or a traffic offence?
I don't think we're talking about different things... we're talking about the traffic offence of driving while unfit through [drink or] drugs; I and I think Plotty are making the point that the method used to detect and prosecute that offence could lead to inappropriate convictions. The fact that cannabis is illegal is a red herring; my objection would not be affected if cannabis was legal.
Indeed.
As it stands you are committing an offence if driving impaired through drink or drugs.
With drink we have a tested scale of when the amount of booze by blood or air volume becomes an offence, that isnt available with the multitude of drugs available to the public be they legal or illegal.
Roadside and station testing for the prescence of substances in light of this seems entirely pointless as it doesnt ascertain impairment merely whether the drug is present.
Cannabis is a particularly interesting one as it can enter your blood stream passively without your knowledge, would ignorance be no defence in such cases?
There is a move towards walking the line, finger on nose impairment tests like they have in the states. That would be a more valid move than substance testing IMHO.
As it stands you are committing an offence if driving impaired through drink or drugs.
With drink we have a tested scale of when the amount of booze by blood or air volume becomes an offence, that isnt available with the multitude of drugs available to the public be they legal or illegal.
Roadside and station testing for the prescence of substances in light of this seems entirely pointless as it doesnt ascertain impairment merely whether the drug is present.
Cannabis is a particularly interesting one as it can enter your blood stream passively without your knowledge, would ignorance be no defence in such cases?
There is a move towards walking the line, finger on nose impairment tests like they have in the states. That would be a more valid move than substance testing IMHO.
>>>>>>>There is a move towards walking the line, finger on nose impairment tests like they have in the states. That would be a more valid move than substance testing IMHO.<<<<<<<<<<
Is it not already here Plotless?
Section 6 (1) Road Traffic Act 1988 as amended by Railways and Transport Safety Act 2003 Schedule 7 in force March 2004.
Drugs suspected
Moving Traffic offence
Road accident
power to require preliminary impairment tests at roadside or Police Station only by Authorised Officers:
Pupillary examination
To detect any reading outside normal range of pupoil size.
Romberg test
Tilt head backwards and estimate passage of 30 seconds.
Walk and turn test
Walk heel to toe nine paces out, tun correctky and nine paces back.
One leg standing test (I fail this stone cold sober)
Stand on one leg foot raised 6 - 9 inches counting out 30 seconds aloud.
Repeat other leg.
Finger to nose test.
Close eyes and touch nose with tip[ of index finger using hand chosen by Tester.
These tests are governed by Codes of Practice by Sec of State:
Driving observed/impairment field
Test/examination by Forensic
Physician/Toxilogical samples.
Cannabis I am told produces poor co-ordination, balance, disorientation, red eyes and eyelid tremors.
Opiates; constricted pupils, sleepy appearnce, slow relexes and speech, naisea, irritability, inability to think and fatigue
Cocaine etc: Dilated pupils, lid tremors, sweating - hot to touch.
dvd
Is it not already here Plotless?
Section 6 (1) Road Traffic Act 1988 as amended by Railways and Transport Safety Act 2003 Schedule 7 in force March 2004.
Drugs suspected
Moving Traffic offence
Road accident
power to require preliminary impairment tests at roadside or Police Station only by Authorised Officers:
Pupillary examination
To detect any reading outside normal range of pupoil size.
Romberg test
Tilt head backwards and estimate passage of 30 seconds.
Walk and turn test
Walk heel to toe nine paces out, tun correctky and nine paces back.
One leg standing test (I fail this stone cold sober)
Stand on one leg foot raised 6 - 9 inches counting out 30 seconds aloud.
Repeat other leg.
Finger to nose test.
Close eyes and touch nose with tip[ of index finger using hand chosen by Tester.
These tests are governed by Codes of Practice by Sec of State:
Driving observed/impairment field
Test/examination by Forensic
Physician/Toxilogical samples.
Cannabis I am told produces poor co-ordination, balance, disorientation, red eyes and eyelid tremors.
Opiates; constricted pupils, sleepy appearnce, slow relexes and speech, naisea, irritability, inability to think and fatigue
Cocaine etc: Dilated pupils, lid tremors, sweating - hot to touch.
dvd
Victoria (Australia) is already doing random drug testing. They have not published any data on what levels of consumption over what time frame constitutes illegal "impairment", presumably to frighten people away from drug use entirely. This is in contrast to widespread public information campaigns on "0.05" BAC.
As it stands, the law is essentially a hardening of penalties for soft drug use: The message is that any consumption, even days or weeks ago, may be detected leading to prosecution as for DUI. Penalties include automatic loss of licence, fines, and prison.
regards
As it stands, the law is essentially a hardening of penalties for soft drug use: The message is that any consumption, even days or weeks ago, may be detected leading to prosecution as for DUI. Penalties include automatic loss of licence, fines, and prison.
regards
[quote=Dwight VanDriver]>>>>>>>There is a move towards walking the line, finger on nose impairment tests like they have in the states. That would be a more valid move than substance testing IMHO.<<<<<<<<<<
Is it not already here Plotless?
Section 6 (1) Road Traffic Act 1988 as amended by Railways and Transport Safety Act 2003 Schedule 7 in force March 2004.
Drugs suspected
Moving Traffic offence
Road accident
power to require preliminary impairment tests at roadside or Police Station only by Authorised Officers:
Pupillary examination
To detect any reading outside normal range of pupoil size.
Romberg test
Tilt head backwards and estimate passage of 30 seconds.
Walk and turn test
Walk heel to toe nine paces out, tun correctky and nine paces back.
One leg standing test (I fail this stone cold sober)
Stand on one leg foot raised 6 - 9 inches counting out 30 seconds aloud.
Repeat other leg.
Finger to nose test.
Close eyes and touch nose with tip[ of index finger using hand chosen by Tester.
These tests are governed by Codes of Practice by Sec of State:
Driving observed/impairment field
Test/examination by Forensic
Physician/Toxilogical samples.
Cannabis I am told produces poor co-ordination, balance, disorientation, red eyes and eyelid tremors.
Opiates; constricted pupils, sleepy appearnce, slow relexes and speech, naisea, irritability, inability to think and fatigue
Cocaine etc: Dilated pupils, lid tremors, sweating - hot to touch.
dvd
I always find driving is more enjoyable when partaking of a spliff and listening to Grateful Dead the miles just disappear - and using my mobile to ring my dealer
Is it not already here Plotless?
Section 6 (1) Road Traffic Act 1988 as amended by Railways and Transport Safety Act 2003 Schedule 7 in force March 2004.
Drugs suspected
Moving Traffic offence
Road accident
power to require preliminary impairment tests at roadside or Police Station only by Authorised Officers:
Pupillary examination
To detect any reading outside normal range of pupoil size.
Romberg test
Tilt head backwards and estimate passage of 30 seconds.
Walk and turn test
Walk heel to toe nine paces out, tun correctky and nine paces back.
One leg standing test (I fail this stone cold sober)
Stand on one leg foot raised 6 - 9 inches counting out 30 seconds aloud.
Repeat other leg.
Finger to nose test.
Close eyes and touch nose with tip[ of index finger using hand chosen by Tester.
These tests are governed by Codes of Practice by Sec of State:
Driving observed/impairment field
Test/examination by Forensic
Physician/Toxilogical samples.
Cannabis I am told produces poor co-ordination, balance, disorientation, red eyes and eyelid tremors.
Opiates; constricted pupils, sleepy appearnce, slow relexes and speech, naisea, irritability, inability to think and fatigue
Cocaine etc: Dilated pupils, lid tremors, sweating - hot to touch.
dvd
I always find driving is more enjoyable when partaking of a spliff and listening to Grateful Dead the miles just disappear - and using my mobile to ring my dealer
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