Australia - The NSW Law Society is supporting calls for changes to the sentencing laws introduced in 2006.
The random drug testing laws have a mandatory six-month licence suspension for drivers found with cannabis, amphetamine or ecstasy in their saliva, when tested by police using a simple swab-like device.
Magistrates can cut a sentence to three months but still find the time outweighs the crime, lawyers said.
Instead, they grant a section 10, which means the driver is found guilty but no conviction or suspension is recorded.
"It is timely that the community be consulted on a sliding scale of penalties," NSW Law Society president Mary Macken said.
Lawyers claimed the key issue was drivers facing suspension after being picked up by a random drug test on a Monday morning, for example, after having the drug on Saturday night.
Proctor & Associates solicitor Peter Proctor, a former police officer and prosecutor, said that many magistrates believed that suspending a licence for the first offence was too harsh.
"People shouldn't have their lives ruined after making one stupid mistake," Mr Proctor said.
"No one is condoning the use of illicit drugs, but there really is a question whether there needs to be mandatory disqualification for this kind of thing.
"There may be circumstances that justify a reduction in the suspension of the licence. It could be one month, or six weeks but that flexibility isn't available under the current legislation."
Mr Proctor said five clients in two years had these charges dismissed.
NSW's top traffic police officer, John Hartley, was shocked at the claims, and said drug drivers should not be granted Section 10s.
"This is a road safety issue and the use of any drug whilst driving is ... a dangerous activity that can kill," Assistant Commissioner Hartley said.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Herald Sun
Author: Rhys Haynes
Contact: Herald Sun
Copyright: 2010 Herald and Weekly Times
Website: Magistrates going soft on drug-drivers
* Thanks to MedicalNeed for submitting this article
The random drug testing laws have a mandatory six-month licence suspension for drivers found with cannabis, amphetamine or ecstasy in their saliva, when tested by police using a simple swab-like device.
Magistrates can cut a sentence to three months but still find the time outweighs the crime, lawyers said.
Instead, they grant a section 10, which means the driver is found guilty but no conviction or suspension is recorded.
"It is timely that the community be consulted on a sliding scale of penalties," NSW Law Society president Mary Macken said.
Lawyers claimed the key issue was drivers facing suspension after being picked up by a random drug test on a Monday morning, for example, after having the drug on Saturday night.
Proctor & Associates solicitor Peter Proctor, a former police officer and prosecutor, said that many magistrates believed that suspending a licence for the first offence was too harsh.
"People shouldn't have their lives ruined after making one stupid mistake," Mr Proctor said.
"No one is condoning the use of illicit drugs, but there really is a question whether there needs to be mandatory disqualification for this kind of thing.
"There may be circumstances that justify a reduction in the suspension of the licence. It could be one month, or six weeks but that flexibility isn't available under the current legislation."
Mr Proctor said five clients in two years had these charges dismissed.
NSW's top traffic police officer, John Hartley, was shocked at the claims, and said drug drivers should not be granted Section 10s.
"This is a road safety issue and the use of any drug whilst driving is ... a dangerous activity that can kill," Assistant Commissioner Hartley said.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Herald Sun
Author: Rhys Haynes
Contact: Herald Sun
Copyright: 2010 Herald and Weekly Times
Website: Magistrates going soft on drug-drivers
* Thanks to MedicalNeed for submitting this article
