A Lismore solicitor has prepared a fact sheet to answer some of the most common questions related to roadside drug testing.
Developed in conjunction with the Northern Rivers Greens, the fact sheet is based on current NSW laws and targets people in this region.
The solicitor, Steve Bolt, of Bolt Findley Solicitors, explains in the fact sheet that the NSW Police have the power to stop any vehicle and require the driver to submit to saliva testing.
The tests detect cannabis, ecstasy and methamphetamine, but not cocaine or opiates, which are also illegal.
Mr Bolt points out that the tests are not designed to test driver impairment, because the law simply makes it an offence to drive with the presence of any of the three targeted drugs.
‘There is no requirement to prove any impairment effect on your driving,’ he says.
Mr Bolt explains the three levels of testing that drivers testing positive will be subjected to, whether a driver can refuse a saliva test, and whether a driver can have their own sample tested.
Mr Bolt points out that legal aid is not available to people charged with drug driving as there is no jail penalty.
He advises that people can either defend themselves or employ a private solicitor to act on their behalf in court.
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