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Driver drugs testing a 'fiasco'
date: 23-December-2004
source : THE AGE
country: AUSTRALIA
keyword: CIVIL RIGHTS , DRUG TESTING , DRUG TESTS , DRUG WAR , POLICE , POLICE ABUSE
 
editorial comment editorial comment
paraphernalia likes this quote : "Victoria Police vowed to continue the program and are not offering Mr De Jong an apology for the stress his family has endured." And, of course, they call this a success.....

State Opposition Leader Robert Doyle has labelled the Government's roadside drug testing regime a "fiasco", and has pinned the blame for the program's apparent failure on police minister Andre Haermeyer.

Pressure is mounting on the Victorian Government to suspend the testing program with a drug user education group and a prominent legal service also voicing their opposition.

Police yesterday revealed two of the first three drivers to test positive had been cleared after laboratory analysis of their samples.

Speaking on ABC radio this morning, Mr Doyle defended roadside drug testing as an idea, but said the pilot program initiated by the government earlier this month was in disarray.

"This program was rushed out by Andre Haermeyer. He assured us at the time that it was completely reliable. And now we find, unfortunately, that the first case is a complete fiasco. We got it wrong. And apparently there is a second case where, equally, we got it wrong," Mr Doyle said.

"I would suggest the public now have lost confidence, not just in the speed cameras after the fiasco we had earlier this year, but now in the drug testing regime as well.

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Advertisement"I don't think it's good enough to say: 'Well, we may or may not be right with this first indicative test.' What do those people do if they test positive? Do they tell their employer? Do they tell their families? Do they live with it for 10 days and then, you know, wipe their brow when they're let off? I mean, that's just not good enough.

"If we're going to have this testing, it has to be accurate."

In the current testing structure, motorists submit to a roadside as a primary screening device for the presence of illicit drugs in their system. If the test positive, they must take a second test accurate enough to be used in court.

The controversy surrounds the accuracy of the first test.

Two of the first three people who have tested positive in the roadside testing pilot have been cleared by the second, evidentiary test.

Victoria Police released the results of the laboratory tests following demands for an apology and threats of legal action from van driver John De Jong, who tested positive for drugs at a highly publicised launch of the system last week.

Private tests supported Mr De Jong's claims of innocence and subsequent police laboratory tests confirmed he was drug-free.

While NSW today announced it would begin a 12 month trial of roadside drug testing in March next year, but would not prosecute offenders during the trial, Victoria will penalise drivers whose positive drug tests were confirmed by laboratory testing.

Police insist this proves their testing system works and that no charges are laid until the evidentiary test result is known.

Mr Doyle compared the roadside drug testing scandal to the speed cameras controversy that erupted earlier this year.

The Government stopped issuing fines from speed cameras after finding a number of faulty cameras on the Western Ring Road.

The cameras have not yet been replaced and the controversy continues to embroil the Government.

Mr Doyle suggested the Government should step back from the drug testing program, as it did in relation to speed cameras, until a more reliable system is available.

"I think you have to say that we will withdraw it from use until we can be absolutely assured that the testing regime is accurate."

Fitzroy Legal Service principal solicitor Stan Winford said the service and drugs education group VIVAIDS would support a "well designed campaign to remove (drug) impaired motorists from Victorian roads".

But Mr Winford called on Victoria to suspend penalties for positive tests "until the questions raised about the sensitivity and accuracy of drug driving tests are satisfactorily answered".

VIVAIDS manager Damon Brogan said the Victorian tests looked for the presence of a substance rather than a level of impairment, as with alcohol, and did not focus on prescription substances known to impair driving.

quot;As it stands, we fear that the current scheme could be seen as a stunt targeting drug users rather than a road safety initiative," Mr Brogan said.

In the first nine days of testing, 283 drivers had provided saliva samples with only three indicating a positive result.

Under the Victorian drug testing regime, first offenders face a fine of up to $600 and loss of licence for three months, while second and subsequent offences would be fined up to $1,200 and up to six months without a licence.

All drivers detected would undergo a drug education program.

Victoria Police vowed to continue the program and are not offering Mr De Jong an apology for the stress his family has endured.

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