http://news.ninemsn.com.au/article.aspx?id=25046
Victoria's world first roadside drug-testing system was in a shambles after police revealed two of the first three drivers to test positive had been cleared after laboratory analysis of their samples.
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.
In a short statement, Victoria Police admitted that only one of the first three laboratory tests conducted had tested positive for drugs.
Laboratory testing is the final step towards conclusive evidence for prosecution under the drug driving laws.
In the first nine days of testing, 283 drivers had provided saliva samples with only three indicating a positive result.
Those three were duly sent for further testing.
But the growing controversy over the accuracy of the tests has failed to convince Premier Steve Bracks to suspend them.
With NSW and Tasmania also planning to introduce roadside drug testing in coming months, the Victorian experience is being watched closely by other states.
Mr De Jong, of Ballarat, tested positive to amphetamines and cannabis when he was pulled over in his work van on December 13.
The 39-year-old father of two was devastated when his image was captured by waiting press photographers and cameramen assembled by police to witness the first tests.
Mr De Jong maintained his innocence and said he had last smoked cannabis four weeks before he was tested.
He had his blood sample tested at an independent laboratory, with the results showing no traces of drugs.
Victoria Police vowed to continue the program and are not offering Mr De Jong an apology for the stress his family has endured.
"They put me in front of the media from the word go, and said I had tested positive to amphetamines and cannabis," Mr De Jong said.
"Their tests and my tests show that not to be true and they are not even willing to apologise - I just think that is wrong."
Mr De Jong's wife Kay said the family had been aware of people in Ballarat talking about them, and her husband deserved an apology.
Their 13-year-old daughter Belinda broke down as she told of the pressure on the family.
"We are very relieved that all this has come out now, that everyone should know now that my dad is an innocent person," Belinda said.
"It has been very hard on us all."
Victoria Police Assistant Commissioner for traffic Bob Hastings defended the roadside testing process, saying it had undergone rigorous assessment.
The drug bus, which was continuing to operate, was deterring motorists from driving while under the influence of drugs, he said.
"A decision was made to pilot this over 12 months and we acknowledge there will be fine tuning in the way we do it on the side of the road," he said.
Mr Hastings said there was no need for police to apologise because they had complied with the law all along.
Mr Bracks said he had confidence in the police drug tests and rejected suggestions that they should be suspended.
He said the controversy over the roadside drug testing was no different to the poor initial public reaction to compulsory seat belts and alcohol breath tests.
"We have a fail-safe system which means before charges are laid there will be a conclusive laboratory test that is undertaken," he said.
Whats everyones opinion on new druggy driving testing?? I was watching SBS news tonight and they said the guy involved ADMITTED he smoked marajuana 3 times a year, and that the last time he smoked it was a month ago. The Police could not do a amphetemines test because they did not take a large enough sample. Now this guy wants to sue the government.
Seems to me the guy has basically admitted he takes drugs(and he's a courier, go figure), but just not the time they caught him. The kids are obviously upset they are getting sht at school about Dad being a druggy, but seriously this guy can only hold himself to blame. He said on the TV camera's he supported the drug driving tests 100%, then when he's busted suddenly he's a "victim".
so what if he smokes once in a while. im not a fan of drugs, ive never done any myself and i dont intend to, but at least he was honest with the police when questioned, i find him a better person for having the guts to do that.
and besides, i though dope was legal if you didnt have enough for sale and tuff like that (plz correct me if im wrong though aight).
i think he's suing them coz they broadcast it over the news, if they had kept it low key then i doubt he would bother taking legal action, i think the police should apologize to some extent for giving false infomation to the public about him.
and one last thing......im all for the drug bus. you do drugs and drive, you deserve whateva you get coming to you, just like if you drink and drive. simple as that.
I think he was more upset about it because he was the first to be caught, and the media were everywhere therefore so was his name and his picture. An independent test and further police tests showed that in fact he was not driving while under the influence of cannabis.
Those tests for Cannabis are going to be a dismal failure, there is now proof that passive smoking leads to positive tests. You might have smoked a pipe/joint three months ago and the active ingredient of Cannabis, THC will still be floating around because it is fat soluble. The only accurate way of testing for THC is by blood or urine testing.
I don't know about you all, but I'm not peeing in a cup at the side of the road for anyone!
Well if he was clear, which the indipendent test's prove's he was then he should be cleared of all charge's, but if he is going to sue the goverment, oh my, no wonder we have such huge premeuim's on everything, this public libility is a joke now day's, now if he smoked week's ago, come on, that's a joke, actually the hole drug test idea governed by MR BRACK's is just as much as a joke as he is.
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They have defamed him heaps, his name and photo published, etc... I'd be wanting a hefty sum from the government.
They obviously rushed the test onto the market either to make themselves look good for the xmas hols, or just to instill some fear into those that do it.
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Those tests for Cannabis are going to be a dismal failure, there is now proof that passive smoking leads to positive tests.
LuvinmyEB, could you tell me where I can find out information on this?
We are getting drug and alcohol testing in at work, and when I asked a question about this very subject, I was told that you can't get anything in your system from passive smoking.
Seems odd to assume that the human body would automatically stop you from breathing something that is illegal.
My reason being, is that if you venture out to a pub, club, concert or whatever, there's a fair chance that someone somewhere is having an artificially good time.
So if we get tested, and they find traces, we're gone.............
As a non smoker of anything, I believe this tends to suck big time.
Ed :)
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I think he was more upset about it because he was the first to be caught, and the media were everywhere therefore so was his name and his picture. An independent test and further police tests showed that in fact he was not driving while under the influence of cannabis.
Yes but he admitted to smoking Cannabis a month earlier so it may still have had traces in his blood stream. They were also testing him for amphetemines because he tested positive to that as well, unfortunately they did not take a big enough sample and so they could not confirm it.
The thing is this guy is whinging because he was caught on TV after saying he thought it was a great idea, maybe it's a little too accurate. What a dickhead though, he is a 39yo married man with two kids who smokes pot. I mean I can understand us youngin's doing it, but you think he would be grown up enough to be over that stuff. Him being a courier makes me suspicious about the amphetemines in his system as well.
I would assume 99% of Long distance semitrailer drivers who get tested would have some explaining to do as well. Drugs are part of their industry... then again they need them to keep awake, and that may be a good thing.
They have defamed him heaps, his name and photo published, etc... I'd be wanting a hefty sum from the government.
They obviously rushed the test onto the market either to make themselves look good for the xmas hols, or just to instill some fear into those that do it.
Mate they didn't defame him, the media did.
It's not like the Police control what stories the media play on TV nightly news. Then again the Police should have told the media to f off so they can do their job in privacy.
i got pulled up tonight on Bayswater road at a booze bus.. 0.01 i registered. The officer wished me a happy Christmas and said to be careful, as i'm a P plater 0.02 is the limit!
Confused the hell out of me, and I hadn't even had a drink! Lucky it wasn't a drug testing station...
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