The mobile drug testing (“MDT”) units are limited to testing only for cannabis (pot, weed, green, hash, mull, dope, reefer, …..whatever has cannabis resin in it) and for the “amphetamine family” – MDMA, speed, ice, ecstasy, ketamine, (and other drugs that include an amphetamine – I’m sure there’s heaps I don’t know of.)  In short, the cannabis and amphetamine families of drugs.

You do not need to be impaired by the drug.  You don’t have to be “under the influence”.  If your driving under the influence, that’s a different offence! (s112).  To be clear about this: to be charged, you simply have to ingested/used drugs in the cannabis or amphetamine* family of drugs possibly days (maybe even weeks!), before you are given the Mobile Drug Test. (Unlike drink-driving – where you have to be impaired or affected by alcohol to be charged, over .05, with mobile drug testing, you do not have to be impaired to be charged.)

What happens then?:

If the first test, being the saliva sample at the roadside, shows a positive result to you having used/ingested the drug, then it’s back to the police station for a second test – generally the Drager test.  A machine at the police station that takes another fluid sample and tests it for the cannabis or amphetamine family of drugs.  (These Drager tests are often unreliable, and return a negative result, despite the first test at the roadside being positive.  Often people leave the police station thinking they are clear, but there’s a third test.)

Whether the Drager test is positive or negative, there is a third test.  The Forensics unit of the Police (called FASS) conduct this third test and it often takes weeks for the sample to be tested and the local police to be notified of the result.  If this FASS test is positive, the driver will be charged.  Often people who tested positive at the roadside, then leave the police station after the Drager test returning a negative result and think “phew, it was negative, I’m in the clear” – but they are unaware that their sample is being tested by FASS.

Then the Court Attendance Notice turns up with a court date, and sets out the charge:

S111 of the Road Transport Act: Driving with the presence of cannabis or amphetamine in an oral fluid sample

It is also an offence to drive with other drugs (such as cocaine, morphine, heroin, etc) present in a urine or blood sample, but clearly these urine and blood tests are not conducted at the roadside, under the current mobile drug-testing (“MDT”) regime.  The MDT is a saliva test.  If the police suspect another drug is present in a person’s system, the driver may be tested by urine or blood analysis.

This is NOT legal advice.  This is designed to take some of the mystery out of the law for ‘google-lawyers’.  I repeat – it is not legal advice.  But we hope it helps.

If you need a Lawyer and want us to represent you, the Local Court Lawyers are experts in all local court matters. We come to you, anywhere in NSW, but our head office is on the north coast: Coffs Harbour, Grafton, MacLean, Ballina, Byron Bay, Mullumbimby, Murwillumbah or Tweed local courts.

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1.  Bring your GOOD VIBES: leave your bad vibes with your ex-.

An alcohol and drug induced bad attitude wrecks SPLENDOUR for you and those who have to put-up with you – know when to stop.  Watch the 15 sec video below – he didn’t get it… at first!

2. Like puppies? Good.  Because if you try and bring DRUGS into the event, a cute puppy is going to sit down, at your feet, right before you’re searched and charged.

3. ‘Don’t gimme no lines and keep your hands to yourself’ – if it’s not yours, or your’re not asked or invited to touch or take it, then don’t.

Whether it’s someone’s stuff, or someone’s flesh: theft, assault, harassment, (whether or not it’s sexual), drink-spiking…  GET YOUR HAND OFF IT if it’s not yours.

4. Hey, what are you doing here?… I don’t mean ‘on this planet’.

Did you jump the fence?  Got someone else’s wrist band? Mistakenly think the event security are decorative?  If you’re told to get-going, then do it.

5. The morning after... the driver of your vehicle should expect to be drug and alcohol tested, as you come or go from the festival.

Pot and other drugs can stay in your saliva for days, and alcohol (even after a sleep) can still result in a drink-driving offence next-day.

If you, or a mate, make a mistake at Splendour in the Grass, Contact us for legal advice.

-Effective, Experienced and Affordable Byron Bay lawyers. We can represent you for ANY matter in the Byron Bay Local Court. 

We don’t recommend you do this at Splendour  – view video:

For more information about the Byron Bay Local Court Lawyers and how we can help you, see our ‘What we do‘ page.

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