A driver went through a red light in Oakleigh, a suburb in Melbourne, speeding over the legal limit in that area before smashing into another car killing a husband and wife. The victim was with their son at that time and the latter is still in critical condition after the Driving Accident. Another pedestrian was also considered death after suffering serious injuries due to the accident.
It was reported that the said Driver is on Ice (Methamphetamine) while he was driving and during the time of the accident. He has been detained and charged with three counts of cupable driving, another three counts of negligence causing serious injury and one reckless charge on the ground of endangering life.
Aside from the above charges against the driver, he may be held guilty of Drug Driving under the Victorian Road Rules 2012. Drug Driving is one of the causes of road fatalities in Victoria. As such, the local authorities have been on guard against any violators of this law. With the passage of the new amendments, Drug Drivers are reprimanded with a stiffer penalty compared to drink driving.
The Police are authorized by law to conduct random roadside screening tests in order to detect any persons who are impaired by any drugs while driving. The most common of method of roadside screening test is the Saliva Testing. In this test, the enforcer may conduct a roadside test by using a saliva sample collected from the driver. The Driver will be required to provide a sample of his saliva in a collector used by the police. This test is usually done after five minutes and those drivers who are found to be positive in this test may be required to undergo further confirmation test in a competent laboratory. After confirmation, the Police may file the appropriate charge against the driver.
Drug Driving under the Road Rules of Victioria, applies to those persons who are driving under the influence and impairment of any illicit drugs including cannabis, ecstacy, ice, speed, or any other prohibited drugs. In cases of prescription drugs, the defence thereof is best consulted with the help of a legal counsel. It is also important to know that Drug Driving Offences does not only apply to those who were caught in a public road.
It also applies to those persons who are caught in a private property. It is also considered an offence if the driver refused to comply with a roadside drug test, to those persons who are accompanying a learner driver, drivers under the influence of drugs, and to those persons who refuse to undergo for an assessment for drug impairment.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.