BALLARAT drivers involved in fatal or serious car crashes will no longer be able to dodge drug testing from police, if a law change is passed in state parliament.
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Police minister Wade Noonan last month introduced an amendment to the Road Safety Act into the lower house of parliament.
He proposed the closure of a legal loophole that gives drivers the right to refuse a blood test if they were uninjured in a crash that caused serious injury or death.
However, drivers that are injured in a car crash and taken to hospital can be blood tested under current legislation.
The introduction of the new laws could be another win for Ballarat police, who in April became qualified to administer preliminary oral fluid drug tests when intercepting a vehicle.
Police had previously relied on roadside impairment assessments and drug impairment assessments conducted at the police station to determine whether a driver was drug affected.
Mr Noonan told members of parliament during his second reading of the bill, that the proposed changes would enable Victoria Police to gather more evidence to help convict drug drivers.
“This bill will also provide Victoria Police with the means to gather evidence necessary to hold those drivers involved in serious vehicle accidents while under the influence of drugs properly accountable for their actions,” he said.
“It is clear that there is a loophole that needs to be closed in order to give the courts and police greater powers in dealing with drivers with drugs in their system when involved in serious motor vehicle accidents.”
The proposed law change follows the death of Tien Le, who was struck by Aaron Sandner when he ran a red light at a Docklands intersection in February 2014.
A swab sample from Mr Sandner’s mouth found he had ice and amphetamines in his system, but he refused to provide a blood sample. The sample would have told police the level of drugs in Mr Sandner’s system.
Mr Sandner was convicted of dangerous driving causing death, instead of culpable driving causing death.
“The current legislation did not allow (Mr Sandner) to be compelled to take a drug test,” Mr Noonan said.
The bill will be debated in the lower house when parliament resumes.