A man is contesting a drug driving charge on the basis he had methamphetamine in his system because he lived in a property that was previously inhabited by a drug user.
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The man, who The Courier cannot name for legal reasons, appeared via video link on the online portal of the Ballarat Magistrates' Court for a contest mention on Tuesday.
Representing himself, the man said the offence he was charged with was an 'unusual example' of failing an oral fluid test.
I don't think the parliament ever intended for this law to catch me having methamphetamine in my system from the air I was living in.
- Accused
The man told the court he was living in a property that had been tested because it was contaminated with methamphetamine by the previous tenant.
"I don't think the parliament ever intended for this law to catch me having methamphetamine in my system from the air I was living in," he said.
The man said a sample of his oral fluid was taken by police after he was pulled over and admitted to driving while disqualified.
Magistrate Jonathan Klestadt said he believed there was a case in South Australia that found an inadvertent consumption of a prohibited substance was a valid defence.
The accused requested to cross-examine the person who analysed his oral fluid sample and the police officer who took the sample during a contested hearing. He said he had a friend staying with him that weekend who could testify they had not been taking drugs.
Mr Klestadt advised the accused he may need to provide evidence about what he said regarding the contamination of the property where he was living at the time.
The accused said he could provide that evidence as an analysis had been completed by an independent contractor at the request of the landlord.
He said the oral fluid analysis was so sensitive it was able to pick up 'miniscule' amounts of substances.
"As the technology improves and sensitivity improves, more people will get caught up in this," he said.
The matter was adjourned for a half-day contested hearing in December.