Roadside drugs testing?

[blackdog]

We don't do urine tests (other than taking the piss), we use blood tests.

Thanks for clarifying.

Up to 96 hours in blood and saliva I believe.

[Ender EnZed]

Sorry about delay, been moving house again. Bloody earthquakes.

The blood test merely has to show a presence of a drug. It doesn't have to show a certain level. How bizarre would it be if the law set an allowable level of an illegal drug? No, it is a test for drugs and if there is a presence of a certain drug, it's a positive test.

So, to answer your hypo question, if the due does a CIT with an unsatisfactory result on a Tuesday, and drugs show up in his blood, he's toast. It doesn't matter when they were consumed. Thing is, he's fairly unlikley to fail a CIT three days after having a toke, but that's what your question asked, so it's why the answer is what it is.

Donuts.

Thanks for your reply, that's what I assumed would be the case. I agree that failing an impairment test while unimpaired probably doesn't happen often/ever. Maybe his wife just left him, he had a bad cold and a bird shat in his eye through an open window.

Another hypothetical scenario: A guy smokes some Kronic or similar (still perfectly legal to own and use), gets pulled over while driving and fails an impairment test. What happens to him?

[rastuscat]

Thanks for your reply, that's what I assumed would be the case. I agree that failing an impairment test while unimpaired probably doesn't happen often/ever. Maybe his wife just left him, he had a bad cold and a bird shat in his eye through an open window.

Another hypothetical scenario: A guy smokes some Kronic or similar (still perfectly legal to own and use), gets pulled over while driving and fails an impairment test. What happens to him?

As long as the blood sample doesn't contain any of the unlawful drugs (or prescription drugs being used outside the conditions applied by the prescribing doctor), no charge would be laid.

As previously posted, Driving While Impaired depends on both failing an impairment test AND having drugs in your blood.

Read my first post on it.

Donuts.

[Scuba_Steve]

As long as the blood sample doesn't contain any of the unlawful drugs (or prescription drugs being used outside the conditions applied by the prescribing doctor), no charge would be laid.

As previously posted, Driving While Impaired depends on both failing an impairment test AND having drugs in your blood.

Read my first post on it.

Donuts.

kinda a shit system aint it??? So I could take sedatives & go for a drive, as long as I cruise the same as everyone else nothing would be done? despite the fact I'd be in a worse condition to drive than if I had just down'd 3 bottles of jack???

[oneofsix]

kinda a shit system aint it??? So I could take sedatives & go for a drive, as long as I cruise the same as everyone else nothing would be done? despite the fact I'd be in a worse condition to drive than if I had just down'd 3 bottles of jack???

Whata your problem? You want Rastuscat to waste his time stopping everyone that is cruising as well as everyone else? Be careful what you wish for.

[Ender EnZed]

As long as the blood sample doesn't contain any of the unlawful drugs (or prescription drugs being used outside the conditions applied by the prescribing doctor), no charge would be laid.
...
Donuts.

Interesting, makes sense I s'pose. Is this a situation that comes up often? Or ever?

[rastuscat]

Interesting, makes sense I s'pose. Is this a situation that comes up often? Or ever?

I've charged a couple, and so have the others I work with. It's relatively uncommon. That charge is the new one passed a couple of years back, and only trained officers can administer a CIT test.

Don't forget tho, that the old chestnut charge still exists, Driving Under The Influence Of Drink Or Drugs Or Both To Such An Extent As To Be Incapable Of Proper Control, a.k.a. Driving While Incapable.

The courts have set a fairly high level of proof before they'll convict, so just stumbling isn't enough. The courts will listen to expert evidence on this i.e. a doctor who has conducted a clinical examination, or occasionally a very experienced Popo who can convince a judge that he/she is an 'expert' in the field. This charge has existed as long as the law has dealt with hammered drivers.

Interestingly, if you are too wasted to do a CIT test, you'll be charged with Driving While Incapable.

It's quite funny watching someone who is so trashed they can't stand up, after they have been driving. Kinda gratifying to lock them up.

So there.

[Usarka]

kinda a shit system aint it??? So I could take sedatives & go for a drive, as long as I cruise the same as everyone else nothing would be done? despite the fact I'd be in a worse condition to drive than if I had just down'd 3 bottles of jack???

But they're legal! That's what matters...

[steve_t]

It's quite funny watching someone who is so trashed they can't stand up, after they have been driving. Kinda gratifying to lock them up.

It's quite amazing seeing the people on TV who get pulled over and either they or the cops open the car door and they fall out on to their faces. How they could even start the car is quite amazing

[rastuscat]

Forgot to mention. If you drive like a dick and get stopped and are drunk on alcohol, you get charged with driving with excess breath or blood alcohol.

If you drive like a dick and you haven't been drinking or taking drugs, you just get charged with driving like a dick.

So get a discount for driving like a dick, get drunk before you do it.

Did I just write that?

[Scuba_Steve]

Forgot to mention. If you drive like a dick and get stopped and are drunk on alcohol, you get charged with driving with excess breath or blood alcohol.

If you drive like a dick and you haven't been drinking or taking drugs, you just get charged with driving like a dick.

So get a discount for driving like a dick, get drunk before you do it.

Did I just write that?

did you just say dangerous drink driving was a lesser charge than dangerous driving??? that confirms even when it comes to sensible laws the system is fucked

[rastuscat]

did you just say dangerous drink driving was a lesser charge than dangerous driving??? that confirms even when it comes to sensible laws the system is fucked

No. No. No.

On a serious note, when we lay a dangerous driving charge with an excess breath alcohol charge the courts pretty much just combine the penalties. It's sort of accepted that if you're over the drink limits you'll drive like a dick. It's sort of part of the package.

Thanks for once again misquoting me tho, you've not let me down.

[Jack Miller]

the NZPol that the saliva thing needed a lot more work before being introduced.

When they do it'll be another reason not to spit on a cop

...we have urine tests ...

Don't piss on a cop either.