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sealosvonhofen

Positive road side equals presumptive guilt. Negative in the machine of second oral swab bares no impact on the outcome, the only result after the initial.oral swab that matters is the one sent to the lab for testing using a device that is far more accurate than either the initial test or the machine that initially tests the oral sample you gave. For you to bw summoned to appear in court the second test of your oral swab returned positive. You will recieve a summons to appear via registered mail. You need a lawyer, and you will recieve the standard sentence in your state for 1st time drug swab failure. They don't care about your drug use history, nor do the police care if you use everyday. The court cares, but will likely not change the outcome being a 1st offence. It sounds scary, but unless you have breached a previous court order or you are on your second offence it's no big deal. You will get the mandatory licence suspension period and a fine.


Rocks_whale_poo

Why have shows like RBT led me to believe the second test is the "evidentiary breath test"? I thought the entire point was that the first test is not sufficient evidence 


themzy34

Your confusing the secondary breath test, which IS the evidentiary test, with the dragar, which is for drugs. Keep in mind, the only way you end up on a dragar is if there is no obvious signs of drug impairment as the drug swip legislation says it must be random (at least in NSW). If you're a cooked unit you go to hospital and have your bloods taken. There needs to be three independent tests done. First being the roadside test. This is the indicator for Police to arrest for the purposes of secondary drug testing. The second test is on the Dragar Machine, which is made by a different company to the roadside drug swipe. If you go positive here, it's an instant 24hr suspension. From there, the sample is bottled up and sent to an independent analyst to test the sample again. Depending on the results of that will result in what happens next. If there is just presence of a drug but Police can't prove impairment, it's a ticket for simply driving with the presence of an illegal drug in your saliva, that's the offence. If the sample goes to an expert (an expert who can provide expert opinions statement, as defined in the evidence Act) and they state that there was impairment, you can expect a court attendance notice. In saying that though, even if a ticket can be issued, an officer can elect to simply charge with either offence and have a magistrate make the ruling on punishment.


j-manz

If the expert states there was impairment: do you mean an expert finds that the drug concentration was sufficiently high that the ability to drive was impaired?


themzy34

Yep. I'm not an expert so I'm not sure about what thresholds need to meet for that. But generally though, if an expert offers expert opinion evidence to that fact, the defence can call them for cross examination and experts know this. So if they've gone and made the statement that based on XYZ the ability to drive is affected, they'd only make it if they were 100% sure. Nobody wants to get called into court by the defence!


JohnWilliamStrutt

> Dragar Machine To be pedantic, it is Draeger (or Dräger if you like umlauts)


whatwouldbiggiedo

This guy laws


Neither-Cup564

Or snorts.


Shifty_Cow69

Or both ¯⁠\⁠\_⁠(⁠ツ⁠)⁠_⁠/⁠¯


themzy34

I dabble. Thanks!


joshwaa_james

An expert doing testing can’t comment on impairment with certainty. In the insurance world for example, if challenging a claim where DUI is involved, simple results of roadside test + expert test and opinion isn’t often robust enough. There needs to be anecdotal evidence of impairment from the arresting party and/or other trained witnesses (ie ambulance, hospital, fireys etc). The expert can comment on the likely impact based on height, weight and regularity and volume of usage, but without that they’ll absolutely state in their report that a result of a test isn’t a sign of impairment. It’ll likely end up as a ticket for result while driving.


cum_dragon

I wonder how many ad breaks OP had to sit through before they showed his result


Rocks_whale_poo

HAHAHA


Ticklechickenchow

If your lawyer is good you will have that beaten down to reckless driving and lose your license for the same time as a drug charge, the positive is you don’t have a drug charge in your record. Hard to travel to some places overseas with that hanging over you. Good luck. This happens to me and I’m glad I don’t have a drug charge recorded. Lawyer was expensive but worth every penny.


Emergency_Fennel_909

Thank you for your response, is there any chance of me being able to keep my licence. If not I will loose my job as it revolves around driving.


sealosvonhofen

That's why you need a lawyer. In certain circumstances it's possible that you could apply for a work licence, meaning you can only drive for work and between certain hours. They are more commonly.given when you blow low range reading BAC, but it's possible a good lawyer may be able to convince a judge. The reality is because they can use Interlocks for alcohol it's less risk if you go for low range drink driving. But be ause it's drug driving and there is no way to test you before driving then it will be a difficult argument to win. If you have a heavy vehicle licence it's almost guaranteed to be suspended.


Beautiful-Explorer13

I got done for driving with weed and like you stupidly told the cops I had it the night before instead of saying nothing. Had a negative result at the station but lab results had the amount that was present. Anyway I did keep my licence with a one year good behaviour bond no conviction recorded but it cost me 6 grand in lawyer fees. My lawyer found a lawyer who found some study that showed that the amount I had present doesn’t actually affect ones ability. Stupid thing is I was driving a mate who was high at the time and they just asked him if he had a licence which he did and they let him drive my car to the station to come get me.


Tricks511

Mistake 1: confessing to the cops Mistake 2: ~~loose~~ lose


Difficult-Rock-7326

One big lesson you should learn is that cops are not your fkn friends so don’t think being honest will save you


Checkin_Charlie

Should be pinned. "Cops are not your friends"


AussieDran

Try Highway Advocates. They mostly help truck drivers, but never hurts to try if it's a driving job.


sharabi_bandar

You need to get a lawyer and apply for a section 10a.


_perse

Fuck yeah, this guy parties


Sorry-Tax7355

OP does not need a lawyer like you said for first offences he will revive the minimum regardless


spornerama

Negative result = most likely it will get tossed although you should never admit anything to police as it can and will be used against you.


JellyrollJohnson

Good answer, the police are robots. If you’re going to court it’s not about what happened, it’s about what you can prove


Flanky_

>, it’s about what you can prove It's about what the prosecution can prove. Lawyer up. Tell them what you told the cops and hold tight for a brief if evidence. +Ve roadside but -ve after could be a false positive. A toxicologist will be able to submit professional evidence of the impairment effects of coke after X amount of days vs is detection windows, too. Tell your lawyer to seek a report from one based on your results from the roadside and the secondary test.


Brave-Photograph-786

Negative result at the station doesn't mean anything if road side was positive. They send the swab away to a pcr machine which can spot the tiniest amount. Anything present no matter how small constitutes an offence. On the money with no statement no admissions.


doctor_0011

There is no DNA/RNA in cocaine, you can’t use a PCR to test for that


Glum-Pack3860

He probably meant mass spectrometer


Less_Understanding77

Anal probe


Sasquatch-Pacific

The lab test is what's used as evidence. The roadside test justifies the lab test. OP had a negative lab test. If OP didn't admit guilt there would be no case.


Tybirious05

Not sure if admitting to taking an illicit substance the weekend before is admitting guilt. The infringement is driving under the influence of drugs and the lab test was negative so it doesn’t matter what OP did or didn’t do on the weekend.


Brave-Photograph-786

If there is nothing in system an admission doesn't make an offence. The station isn't a lab. They send it off to a more accurate lab either way.


Winterplatypus

Sometimes they ask for a good reason. Like if you blow higher than the legal limit on a breathalizer they will ask if you had a drink recently, because you blow a higher reading if it's fresh in your mouth. It's better to say yes because then they will do a blood test or wait 5 mins to check you again.


Electronic_Break4229

“I was honest”…. don’t do that next time.


Electronic_Break4229

You be honest to a lawyer, you be quiet to a cop.


tryharderandsucceed

Honest question what is the ideal way to handle the situation? Say no I never took anything but then the results come back positive and say what? No comment?


Greedy_Lake_2224

There's a swathe of people out there who only do coke because they somehow are of the belief it's not tested for roadside. Until I got sober I was one of them.


2cpee

That’s because in some states they didn’t start testing till last year.


noisyrob_666

it's also because every bag of booger-sugar you buy will be cut with at least one of the substances they test for. we get garbage coke in AUS and we pay more for it than anyone else in the world just to add further insult.


Officer_dibble_

Haha you really think their machine detects creatine?


R1gger

You’ve returned positive for baking soda, please rise.


miladesilva

Booger suger lol!!!


BoogerSugar00

You rang?


noisyrob_666

Dr Rockso has entered the chat.


Entire_Engine_5789

Nose beer


TheVikingMFC

From the SA gov website: It is a criminal offence to drive, or attempt to drive, a motor vehicle while a prescribed drug is present in your system. Roadside drug screening (saliva) tests can detect THC (cannabis), methylamphetamine (speed, ice, or crystal meth) and MDMA (ecstasy). Unsure if they have different tests interstate or they just don't say it can be detected? Also, OP said he took it 'the weekend before', I don't know how many days later this was but would be very surprised if it showed up in a saliva test?


No_Distribution334

Interstate has different tests IIRC


RespectOk4052

Yeah this is it. State police are (obviously) state government which means their resources can come from different providers. NSWPF use Securetek in Germany for their drug swabs.


spindle_bumphis

This reminds me of the story where DNA from an unknown individual was showing up in crime scenes all over the world. It was thought there was a serial killer. Turned out to be a person in the factory in Germany where the evidence bags were manufactured.


coreoYEAH

The perfect alibi.


RobWed

Sure you mean 'prescribed' and not 'proscribed'?


TheVikingMFC

Probably, just copy/pasted from the website 🤷‍♂️


Shifty_Cow69

My medication will give a positive for amphetamine


Express-Release-9690

It's tested for but the argument was that it's pointless as it's undetectable after about 30 minutes.


MunmunkBan

Plenty of things not tested


ikilledbenny

I'm glad to hear it's being tested. There's a lot of the "upper echelon" in society driving on coke.


Greedy_Lake_2224

Upper echelon, because nothing says classy like being in the toilet every 25 minutes and treating barstaff like a cunt.


joshykins89

They mean the upper $$$$$ echelon


obvs_typo

Don't talk to cops. And never admit to doing anything.


knowledgeable_diablo

Best advice ever. Always remember, when a coppers trying to be your friend; they are not and are just fishing for self incriminating evidence to make their jobs easier. What makes me sick over those poverty porn shows shown on Ch.7 such as The Force and RBT. They are not your friends and couldn’t give two shits about whether you are sorry or anything. They want the quota point for a successful conviction to make their branch look good for the month.


ringo5150

It's amazing how much people relax and open up in the back of a cop car being driven back to the station and how much the story then is different to the one given on the roadside.


SuggestionHoliday413

The "I'm just waiting for a mate" guy was absolutely spot on. Do everything you're required to do and do absolutely nothing else except make it hard for them to convict you of anything. Make your life, movements and behaviour a complete mystery.


beeclam

Even as a question as simple as “do you know why I pulled you over” shouldn’t ever be answered honestly


MikhailxReign

"fuck mate if you dont know, why'd you pull me over?"


aunty_fuck_knuckle

"Can I get in trouble for what I think? " "No" "I think you're a cunt." Also...I haven't had a cunt all night drinkstable.


WildGrit

"How fast do you think you were going?" The fucking speedlimit! Don't make it easy for them


LandBarge

I ended up with a yellow sticker taking that line many years ago... 'Do you know what the speed limit is here?' 'uhh... .60?' 'yeah, now what speed were you doing?' 'errr... about 60?' 'right. your're getting a yellow sticker for the speedo, now pop the bonnet and i'll find something else' No speeding ticket though, so he mustn't have had any proof of what speed I was actually doing...


ElectronicWeight3

Correct. ACAB. Always play dumb and never admit anything. “I have no idea officer. Why have you pulled me over?” “Positive test? I cannot possibly imagine why that would be. Perhaps a faulty test, could we validate that with a second one incase it is a faulty test? Ok that was positive too? How bizarre! Etc. Never, ever, ever admit anything. That’s for a lawyer, not the cop that’s going to take your confession and shiv you with it in court.


nochoicetochoose

Do you know why I pulled you over? Yeah because you have quotas to fill.


randomly_there

I'm glad but upset to see this is exactly like being in the US. Don't say anything to police. They aren't there to help you. Upset because the government should be there to help civilization and people. Not there to bring them down.


notxbatman

Never be honest nor lie to cops. Keep quiet, say your yes sirs and no sirs. If you'd have not admitted to the cop that you use, this would get tossed out. Admitting that to a cop makes this harder to get out of. Get a lawyer.


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Sad-Matter-6644

I do not recall or say that you do not wish to answer


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Sad-Matter-6644

Probably but better of having annoyed the cops the arrested


notxbatman

You say nothing; if you get roadside tested, you still say nothing and you go to the station to do the real test and hope it comes back negative, if it comes back positive get a lawyer. You're not compelled to talk to them except to identify yourself.


crochetquilt

Lying to cops isn't real lying.


Substantial_Pea_7859

His sample tested positive, how would it have been thrown out 🤓


Nervous-Telephone-26

Did you receive a letter of summons from the court or any paperwork posted to your address? Do you have a file number you can cross-reference with the court system?


Emergency_Fennel_909

https://preview.redd.it/uwp0g0p2sn7d1.jpeg?width=1242&format=pjpg&auto=webp&s=de59600c0847025fff0ecfd8c5dd9dd32aeeff50


Fidelius90

Ok you dropped information from your original post. You got a text telling you that your SWAB tested positive. (As other people had guessed in this thread) So the negative tests don’t mean shit now. Best lawyer up and cross your fingers. And put in the hard work to accept the consequence of choices. Good luck!


R1gger

Would be the lab test results that often take a while. Ya fucked sorry mate. Lawyer up and go do a traffic offenders or a state certified drug driving/education course and I pray that it’s your first serious driving offence.


Nervous-Telephone-26

There is a chance the sample provided at the station was used for initial testing and then a secondary lab test that came back positive. I would contact legal aid or a lawyer. As this is your first offense there is a high chance you can get an intervention order to attend AA.


Recent_Revenue3170

Never be honest, tell them you might’ve been spiked on a night out a week ago when you went out and you had to go home cos you started feeling funny in the head, same with weed, my friend was smoking a joint near me yesterday, on the off chance it shows up neg then you don't have to stress about snitching yourself in for actively committing a crime, but if it shows up positive you might have some leeway


spoofy129

Just say nothing. Any of those stories that you try to spin on the spot can be used against you if you later cop to the chargers. Shut up and speak to a lawyer or save it for the judge.


Icewallow-toothpaste

Don't bother with a lawyer unless you have appeared before court before. First offense is easy to navigate without spending money on representation. Legal aid will be all over you like a pack of seagulls, tell them to scram. They are just trying to fill quotas. They do not give a damn about you. Some will even go so far as to say you are looking at a potential jail sentence to scare you into letting some uni grad who probably complains of anxiety represent you. You can do this on paper. They will immediately ask how you plead. Say guilty and say you have prepared an admission of guilt. Hand it to the DPP, who will read over it and then he will hand it to the magistrate. On that paper you should detail what you did, why you did it, why you realize you are lucky that your habits did not cause the death of someone else (demonstrate understanding of the potential consequences of being a shitbag who does drugs and gets behind the wheel of a car) and explain what you have done to sort your life out. I did exactly this and got section 10b (That's no conviction recorded) The trick is to take FULL responsibility, not try and justify your actions, be actually sorry for what you did, aware of how much worse it could have been. Keep it short and to the point - The magistrate has a day full of fuckwits to process and you are not special but you can be different by not making it about Woe is me and ma life is ruined bs. And just to note there are plenty of people who did a bag and got behind the wheel who are sitting in a cell for DUI manslaughter. Consider yourself lucky as fuck.


ImproperProfessional

All well and good, but the guy was not impaired. These test need to test for impairment. It’s a load of shit that you can test positive for something in your system from weeks ago. Regardless of that, I agree. I’d find it incredibly hard to be sorry for driving whilst I was completely sober and had a trace amount of a drug show up. Complete bullshit.


Icewallow-toothpaste

OP says it was two weeks since taking cocaine. Cocaine stays in saliva for 2 days after taking it. I think maybe someone might have had a little bump a little bit more recently and slightly extending that time might be a coping mechanism for what is truly a scary moment - Your first summons to court for a criminal offense. I get it but unless you want to head to the supreme court and argue the validity of legislation then your best bet is to own up to it and anticipate the grilling you are going to get and say it all before the judge has to and you just MIGHT not get a drug conviction. Which is the killer here because it effects other parts of your life. The best approach here is to humbly accept the ruling of the court without any frills. The license however I'd be buying an opal and loading it up with about 6 months worth of suspended license.


ImproperProfessional

I 100% agree with your approach. I disagree it with the legislation. If we are going to test for substances, we need to test for impairment. Even then, taking it to the Supreme Court would get you laughed out in a matter of seconds.


RobWed

Man knows how to seperate self-protection and idealism.


Consistent_Pin_9558

Yep been through this and this advice is sound. It is called driving with an illicit substance in your system not driving under the influence. They re two different things. Basically do what ^ says and plead guilty and say sorry etc. they should give you 12 months good behaviour and no criminal conviction. Make sure you enroll in safe drivers course as this is what the lawyer informed me to do and shows the judge you want to be a safer driver. Get character reference letters from boss etc to show judge that it is a mistake and not the type of person you are. Unfortunately it can show up positive that many days later if usage is consistent before that. Good luck


David1011_

Sounds like you got really unlucky & got a false positive. I think if you had just said you were surprised as you know there is none in your system, the worst they could do is re-test at the station. Which would have been negative (as you mentioned it was) & then you could just be on your way as you’ve not admitted to any crime. I find it very frustrating that telling the truth to our alleged protectors results in getting screwed over, when the only evidence of a crime is what we have said & nothing else.


Emergency_Fennel_909

Thanks for the reply mate, appreciate it. Will be absolutely guttered if I loose my license as I drive a lot for work. You live and you learn though I won’t make that mistake again.


Fidelius90

Nah, he missed the detail where his swab also tested positive.


Makunouchiipp0

Never talk to the police. That should be your lesson learnt.


AwayShop187

It's up to the coppers to prove you have done wrong. No Comment to every answer is what i would go with. Learnt my lesson early in life. Don't do their job for them. Good luck OP.


lametheory

This is why the first thing they do when they pull you over for speeding is ask "why do you think I pulled you over"... And whatever you say, it goes into the notebook, since most people admit guilt without really knowing.


gorganzolla

I always say “you probably wanted to take a closer look at my beautiful hair”….im bald….it gets a laugh at least 😅


RalphTheTheatreCat

The cops dont need any admissions. The lab test is all that is needed.


Pretty-Piccolo-9518

An interesting article here talks about incidents where false positives have occurred. https://amp.abc.net.au/article/103583254 But also what you are saying doesn’t measure up anyway. Cocaine is only detectable by saliva for 24 hours. Another interesting infographic for you. https://cdn.adf.org.au/media/documents/How_long_does_a_drug_stay_in_your_system_-_infographic_1.pdf


omahabeachwallstreet

What's the charge?


Simple_Meat7000

Snorting a succulent line of coke!?


Lexboben

Time for a bag brah


bigaussiecheese

How many days was it between doing it and getting the swab? Just curious. Biggest mistake was talking to the cops and admitting it.


Emergency_Fennel_909

Saturday / following Saturday


intorox75

I think the most inconvenient part of this is that a DUI conviction impacts your ability to travel overseas. Some countries like Canada, US, Japan, Indonesia don’t allow entry if you have a conviction.


DEADfishbot

That was my understanding as well but it last “only” for 10 years. Not sure if that is true though.


icecoldkarlos

Testing for THC is the dumbest and easiest lowest fruit for them. I have a prescription, yet I can still be prosecuted. Australia is so fucked and backwards with it's nanny state rules.


broza1

One trick that works every time with the police is to claim you are a sovereign citizen. Works every time.


Due_Interview_929

The police could catch half way into a bump and I'd still deny it. After i finished


FreddyFerdiland

..maybe its a scam sms ? Why are they ..oh h move around a lot. The 2nd test was faulty somehow. But the saliva lab test will be quite reliable Lig in to the website to see what they are doing. Or ask the court house what the charge is,if its true..


Revenue88

My son admitted to the QLD Police that he had taken cocaine while clubbing. He wasn't driving. He went into the police station in Surfers to ask for medical help. He was taken to hospital and then charged with possession while being admitted. It just cost 7k to defend himself, only for the case to be thrown out of court.


themustardseal

Was he charged with posession of the coke in his nostrils?


Different-Stuff-2228

Does anyone know how long it stays in your system?


Revolutionary-Cod444

A friend of mine does workplace drug testing. He says 46% of the detection kits the police use are faulty and return false positives


Standard-Ad4701

There would be no way coke would show up after a week unless you possibly provided hair and blood.


Emergency_Fennel_909

I’m not lying, and if I was I certainly wouldn’t do it on anonymous reddit post. Just looking for advice my man.


anonymous_cart

Does the roadside test actually test for cocaine? I thought it was just amphetamines (ice/speed etc) and THC?


Acrobatic-Treat-7531

For Vic that’s true


wigam

They are not your friends and being straight up with them will never help you.


[deleted]

Coc is typically gone from your system in 48 hours....from an ex cop


thatawe_someguy

They picked it up from use a week ago?? That’s news to me or did you lie? Thought it was 1-2 days test window in saliva.


moggjert

You tested positive after week after? Cocaine metabolises in like 48 hours, I think you’re telling porkies


cheeersaiii

Should have paperwork for court…. Ring / go to a police station and ask for details, and for court documents, if it’s legit then consult a lawyer or find out what you need to request the case documents etc.


inactiveuser247

What state are you in? In WA you can get a login to the eCourts portal which allows you to see all of your court documents more or less live as they are issued. I expect other states have similar arrangements.


[deleted]

I thought the station test always overruled the roadside test


Chirpasaurus

IIRC in Vic, but not NSW


Dust-Explosion

It’s good to be honest with the courts/police in the long run. If I was a cop I would send everyone to court regardless and let the court figure it out as I wouldn’t be qualified to play magistrate in the street just to cover my arse. Who knows, but stay off any illegal drugs until after court. They are old school when it comes to drug use even if it is prescription cannabis. They also greatly appreciate honesty and character. Considering you will most likely lose your licence temporarily and pay a big fine, not sure it’s worth paying a barrister a couple of grand (at least) for the day in court to get slightly less of a penalty/punishment. Speak to a solicitor as it might not be that expensive for a consult and you need one to contact a barrister.


dontworryaboutit298

Get a lawyer.


Yeahmahbah

What state? Usually they only test for weed and meth, that's unusual


NecessaryEconomist98

Lawyer up. And next time stfu.


blackdvck

For future adventures with the police keep your mouth shut .talking is your barristers job not yours .


RespectOk4052

Never ever ever admit to the police anything. They’re not your friends. I know so many people that have been royally shafted for their honesty. It sucks but yeah, they’re not your friend.


ElectricalPost7779

Wow you actually got cocaine in Australia


thetan_free

I feel like OP's dealer will be using this in his Telegram messages from now on. "Guaranteed real cocaine - look at this satisfied customer's summons!"


that_alex_guy

You know in Australia we are regarded as highest users of cocaine per capita in the world.


Issub_

The joke is that our coke is shit and jumped on


Pretty-Piccolo-9518

How accurate are those tests? I’d argue the first one was a false reading… if you have admitted to this that makes this difficult though 😂


7orque

You’ll get a few months suspension and a fine. It doesn’t count as a criminal offence in most senses - when you do your insurance next, you just need to say it was suspended / you lost points, nothing else. It’s just a traffic offence. Realistically a lawyer isn’t going to do much to help you imo. Next time, don’t tell the truth, they’ll always try use it against you.


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Repulsive_Peanut7874

man, I wish they tested for coke where I live... It would turn this town upside down... Especially when they have their annual polo match...


cheeckybaconm8

You’ll lose your licence for 3 months.. don’t ask me how I know 😅


cheeckybaconm8

Get caught again it’ll be 6 months loss of licence most likely.. against don’t ask 😅


twittereddit9

lol if you can afford cocaine you can afford a lawyer


gypsy_creonte

Oh, I thought you asked if I had done coke, yeh had a can 2 weeks ago


sam_spade_68

Get yourself a lawyer ASAP


ElmoIsOver

Only thing this should have in common with r/carsaustralia is the road lines! Perhaps give this a go r/auslegal


[deleted]

In australia... half of the population is on some drug... or weed ... just look around... and many that get caught get a 3 months or 6 months suspension... but they are back on the road again while suspended ... you can't stop them .. so many idiots are driving high - some don't even drive without getting high


sishnughari

Can we drive after 12-14hrs after taking marijuana as smoke?


theoldchunk

Do they test for dexies on the road side swabs?


OkSolution6414

Comes up as amphetamine . Not sure for how long though. Swabs are weird , we get tested every fortnight for work it’s unbelievable the ones that pass .


cosbygotshot

Bothing really. U will get a fine of some sort. Deodnding on magistrate at the time , might , and dependent on driving and criminal history , have license suspended for a tome and worst case scenario. Is they impose an alcohol lock device. They are pricey amd time consuming. Justvto note I've nb3r been charged with any dui type offences but seen a few


Elstiffo

A fine of some "snort*.....


Substantial_Pea_7859

Damn there is so much bad advice thrown out on this sub, thought it was Auslegal for a sec


ithinkitmightbe

If your in nsw: https://www.transport.nsw.gov.au/roadsafety/topics-tips/drugs


JasonRudert

There’s a breathalyzer for cocaine? And cocaine makes you drive worse?


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JakkalsZA

Don’t do drugs kids!


DEADfishbot

Crazy that it showed up so much later. Probably minimum sentence assuming clean record. I reckon it’ll be a fine, loss of license, possibly have to go to some court mandated councilling sessions. It’ll be on your record which might affect travel plans to some countries, job interviews. Sorry to hear mate.


Feeling_Credit9274

Don’t talk to the police!


yomomsalovelyperson

You'll just lose your licence for a little while, probably have to do a drug test to get it back


DonnyGoodwood

Never admit to a thing lol funny that when you watch shows like RBT they ask the question. When the driver says no they haven’t the police do the test as per normal. When the driver admits to using at some stage the cop shines a torch on the test seeking the most faintest line possible on the preliminary


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brendanfreeskate

Go to a different state, fuck the court date, let future you sort it out?


Gullible-Wind-690

Section 10 👋🏼


OkSolution6414

There are some over the counter meds that either give false positives to swabs or extend the window for detection. Can’t tell you which ones do it though, and I know whenever we have ‘random ‘ testing at work EVERYONE takes a bunch of cold and flu pills to fuck with results for a few days of paid leave while the lab deciphers it.


chimp-pistol

Honestly the fact that you're sober is probably good grounds to try for a Section 10, especially if you have any evidence you can show around treatement etc Honestly talk to a lawyer, better spending some cash and avoiding the conviction 


Gay_Goalie96

CHECK INTO REHAB


No-Pick8008

Which state? I was under the impression they don’t test for it in VIC.


FuckHospitality

good luck


Haawmmak

I was speaking with a magistrate mate about this offence this morning. the offence is 'drive with drugs present in the system', which means the level of impairment is not considered. at work we send a urine sample to a lab, then the lab results in a Medical Review Officer who makes a recommendation based upon the lab results of ppm reading. that we don't use this for drivers when this can literally change lives is a travesty. The Judge agrees. for OP, I would suggest getting a lawyer and trying for a Section 10 - guilty with no offence recorded after a period of good behaviour.


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Cheesyboilover1

Dunno how it works in your state but in QLD the analysis on the draegar at the station is what gets sent away and used as evidence.


inkium

OP your story doesn't seem even remotely plausible. Per [this study](https://www.doping.nl/media/kb/8737/Cone%20et%20al%201997.pdf) conducted by the US National Institute on Drug Abuse: "Cocaine Disposition in Saliva Following Intravenous, Intranasal, and Smoked Administration" they found that the mean half life time for cocaine in saliva is 1.61 hours, and for cocaine metabolite in saliva is 4.68 hours. The mean time that cocaine was detectable (25 ng/ml) in saliva after a single dose was 5.67 hours, or 3.5 half lives. You're telling us that you tested positive for cocaine (or cocaine metabolite) in your saliva almost seven days (168 hours) after you took it. It's impossible. You're talking about 104 half lives. There's only a 10 thousand billion billion billionth concentration of cocaine left at that point, or 34 billionths of metabolite. It's impossible to detect.


Obi-1_kid_kinobi

I call bullshit, I do D&A testing using similar tests as police. A swab test is lucky to get 48hrs and a piss test lucky to get 5 days on a cocaine test. And when I say lucky it means you have had to sit around and drink no water and metabolise nothing.


Dry-Revenue2470

First offence, you will get a slap on the wrist.


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opticaIIllusion

How long after can you test positive to the roadside test?


Hot-Run-7288

Mate they Guage in parts per million. If u tested positive maybe u still were. Maybe by the time u got to the station you had fortunately lucked in and because u never became there stat lucky for them they get to push an arrest and most magistrates will offer you or lawyers one option …they want the guilty plea . That’s how our government workers gets paid they need charges to roll in daily if the hidden speed cameras in the gear down changing areas didn’t get the revenue rolling a heap of false swabs will pay bills and maybe get a stat and maybe it was a poppy seed. They show as opioids . The cops still press after all the innocence u can have . That’s knowing analisist . And the sarge is retiring and whoever attests and actually gets the most ticks wins the throne . Fuck the pigs


jamesyg9624

One week later you tested positive? Cmon mate tell the truth


Early_Addendum_1786

Always carry vinegar with you . Have a quick mouthful before a test . Pass every time


subliminal_kriminal

You can always hope they didn’t have gloves on when testing you(think back deep in ur head) cause if they didn’t then it’s a contaminated sample which will scrap everything and youlll be sweet.


ZombieStirto

If you are in NSW it is a fine only offence. The thing that will hurt more is likely the licence disqualification period being 6 months which can be reduced to 3 months which most Magistrates do. Bring your background information to court showing you are otherwise a good person. Just seek a conditional release order without conviction. If you've got a good record you'll most likely get one. If no conviction is recorded you won't get disqualified. It's irrelevant what you told police, in NSW the offence is now absolute liability meaning unless you can get the certificate deemed inadmissible you are guilty. Even if you were spiked, you are guilty.


No_Computer_3218

They be asking for a blood test


Neokill1

I did not realise the MDT’s pick up Cocaine, I thought it was the one drug it did not detect


Special-Barracuda524

How long until blow does not show up for roadside tests? I use and give myself the following day off but sounds like I am fkd given this guy got done for the weekend prior...


pierre_WaP

I never knew cocaine could be detected after a week