Drug Driving

Drug Driving Laws Are “a Great Wrong”: An Interview With Former Magistrate David Heilpern

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David Heilpern is something of a legend in the NSW Northern Rivers. The former Lismore magistrate is known throughout the region for the just decisions he handed down in relation to residents who’d been caught out by the unjust laws...

NSW Drug Driving Laws Are Unfair and Do Not Deter

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This state’s unfair drug driving laws were a major reason why former Lismore magistrate David Heilpern retired. Over the last half decade or so, the judicial officer had built up a reputation across the Northern Rivers region for his just...

Roadside Drug Testing Devices Are Unreliable, Study Reveals

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Over the last five years, as the NSW Liberal Nationals government has been ramping up roadside drug testing - doubling the number of tests to 200,000 by next year - so too has the chorus of criticism about the testing...

Punishment Disguised as Safety: The Injustice of Drug Driving Laws

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Enpsychedelia presenter Nick Wallis hosted a roadside drug testing forum on 4 May at the Nimbin MardiGrass, with panellists that included Reason Party leader Fiona Patten, HEMP Party secretary Andrew Kavasilas and renowned medicinal cannabis practitioner Dr Andrew Katelaris. During...

Passive Smoking Defence Exposes Flawed Drug Driving Regime

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Magistrate David Heilpern has delivered yet another landmark ruling that reveals the shonky logic underlying the drug driving regime in NSW. The Lismore magistrate accepted last month that a woman tested positive to cannabis because of passive smoking. Nicole Spackman...

Drug Driving Charges and the Defence of Honest and Reasonable Mistake

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A recent decision by the NSW Court of Criminal Appeal has ruled that drug driving is an absolute liability offence, which means the defence of being honestly and reasonably mistaken about drugs being in the system does not apply to...

New Drink Driving and Drug Driving Laws in NSW

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On 25th September 2018, the New South Wales parliament passed the Road Transport Legislation Amendment (Penalties and Other Sanctions) Bill which comes into effect across the state on Monday, 20 May 2019. The legislation amends the Road Transport Act 2013...

Government Tightens Screws on Unjust Drug Driving Regime

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As of next Monday, 20 May, first time alleged low-range drink drivers and drivers in respect of whom the presence of drugs is confirmed by a laboratory analysis will be fined $561 and have their licences suspended for three months....

Calls for Overhaul of Drug Driving Laws

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Roadside drug testing was introduced into the NSW setting in 2007. Just like random breath testing (RBT) for alcohol, drug testing drivers was said to be brought in to improve safety on the roads. But, unlike RBT, it doesn’t test...

Police Should Test for Impairment Levels of Drugs, Not Minute Traces

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On the first weekend of this month, NSW police carried out a roadside alcohol and drug driving blitz in the Northern Rivers region. And while locals aren’t complaining about officers booking drunk drivers, they are opposed to those charged with...
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