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Unjust Drug Driving Laws Persist, Eight Years on from Historic Ruling

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The case held much significance then, as it still does today, as it lays bare the injustice of the NSW drug driving regime. Yet, those unjust laws continue to apply. Carrall appeared before the court on 21 and 28 January , facing two counts of drug driving relating to separate incidents on 26 May and 23 June And he pleaded guilty to the initial offence but plead not guilty to the second, on the basis of an honest and reasonable mistake of fact. In his findings, Magistrate Heilpern outlined that elements of the offence were not in issue, as Carrall was driving on a road with the presence of cannabis in his system. Carrall pleaded guilty to one count and not guilty to a second count of presence of certain drugs other than alcohol in oral fluid, blood or urine , contrary to section of the Road Transport Act NSW the Act. This means an offender avoids going to court. However, the laws regarding random breath testing for alcohol, contained in section of the Act, outlaw driving under the influence or while intoxicated by alcohol. And these laws are not triggered by minute traces of the substance. NSW police senior constable Chayne Foster was the officer who tested Carrall on both occasions that he was appearing in relation to. And on testing positive, Carrall was then arrested and taken into the local police station for a second backup test, which returned another positive cannabis reading. In cross-examination, Magistrate Heilpern outlined, it was put to the senior constable, that when he arrested Carrall on the May occasion, that he, on being asked, told the driver that in order to avoid the detection of the drug testing devices used by police, he should wait about a week after smoking. But he did tell the court that he believed testing devices can detect cannabis three to four days after use. Yet, during an appeal of a conviction last year, NSW District Court Judge Mark Buscombe set a new precedent , ruling that drug driving is an absolute liability offence, not, as long held, a strict liability offence: one where no mental fault need be established, but the mistake defence is available. Based on the fact that the same defence can be legitimately raised in regard to drinking if a device picked up traces outside of the usual timeframes, his Honour continued, the magistrate found that Carrall could raise the defence and that it held. Since giving up the gavel, former Magistrate Heilpern has been actively campaigning for drug driving reform in NSW, via the campaign Drive Change. However, later that same year, in October , medicinal cannabis was legalised. And this has meant that drivers are now being penalised for driving with traces of doctor-prescribed cannabis medication in their system and losing their licences because of this. Yet, despite this campaigning, and that of other concerned citizens in jurisdictions where these laws are mirrored, politicians countrywide continue to refuse such just law reform, except for the parliamentarians of Tasmania, where a medicinal cannabis drug driving defence does exist. Click here to cancel reply. NSW drug driving law Carrall pleaded guilty to one count and not guilty to a second count of presence of certain drugs other than alcohol in oral fluid, blood or urine , contrary to section of the Road Transport Act NSW the Act. For medicinal use Since giving up the gavel, former Magistrate Heilpern has been actively campaigning for drug driving reform in NSW, via the campaign Drive Change. Going to Court? Call 02 for a Free Consultation. Search for:. I have also been a victim of this Magistrate Prowes. A Law to himself. I also appealed Prowes 3 year sentence he placed upon me for a driving offence where I was rear ended. The the alleged victims never showed up for trial and was also found the police officer had manipulated evidence which Prowes knew about but still accepted.. Prowes also knew he was cutting off my life saving cancer treatment. On appeal I was found not guilty and case dismissed. My case was investigated and prowes was found to be a legal bully and law unto himself.. Or their Dukes Of Hazards Magistrate There's Justice then Just Us. This is unfortunately not an isolated case of barristers misbehaving. There are those amongst their ranks who do worse things than simply not pay their fees and continue to work. There are those who mislead the courts, falsify or admit into evidence falsified documents who get away with it. Not just in NSW. Theirs is a class ridden system which infects justice and the profession. No self regulating body is detached from its own self serving interests. I find this beyond disgraceful. As someone who has suffered life changing anxiety depression, chronic insomnia and chronic pain when benzo medication became taboo I turned to alcohol to self medicate. Now after finding a GP who has suggested that after 30 years of enduring a challenging existence I should give aTHC based oil a trial. Yet this is not an option. After years of full-time rehab I no longer drink alcohol at all but I can't even risk trying a legally prescribed medication for my underlying health problems without risking going to jail. Meanwhile patients on opoids, ADHD medication, sleeping tablets, strong antihistamines etc all get to drive without concern. I am at the point of having to make the decision to give up driving completely so I can try the medication I need. But it is not just getting around for me. What about my need to be able to drive my elderly mum to where she needs to get to. So unless I move to Tasmania and somehow convince my 82 year old mum to come with me I'm stuck. The politicians of NSW need to wake up and get an understanding that we don't all get rules for some whilst others suffer. Hi I got a big dilemma here I wana know if say I get pulled over by police n they didn't day nothing abt me on p1 driving a prohibited vehicle n they let me go and then another police pulls me up as I parked saying r u allow to drive this car n ask for me licence did a check n let's me go right and cause there this high patrol got it in for me he went n got them officer to fine me for driving a high performance vehicle n im sitting on right now 14points n a fine can I take it to court or should I just cop it? And 1 more thing I just got done driving the other night again by random highway patrol n they got me for driving under substance and prohibited vehicle so would I just get 3month suspension or does it means I'm losing my licence for longer csuse that's another 7 point and driving underinfluence?? Please I meed urgent help can u please advise me wat to do do I cop the first point and wat will happen next wen the other 7 points come through? Thanks Gordo.

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