Pubdate: Mon, 24 Sep 2007
Source: Dominion Post, The (New Zealand)
Copyright: 2007 The Dominion Post
Contact:  http://www.dompost.co.nz
Details: http://www.mapinc.org/media/2550
Author: Haydon Dewes
Bookmark: http://www.mapinc.org/pot.htm (Marijuana)
Bookmark: http://www.mapinc.org/find?224 (Marijuana and Driving)

ROADBLOCK FOR STONED DRIVER LAW

Government plans to crack down on stoned drivers have stalled, with a
political scrap emerging over whether the culprits should also face
drugs charges.

The Government is drafting laws to make driving while impaired by
illegal drugs an offence similar to drink-driving.

But it is now unclear whether the law change, yet to be introduced to
Parliament, has the support to pass.

Government allies the Greens and NZ First are on a collision course
over whether motorists who are proved to be on drugs should face
prosecution for also using illicit substances before getting behind
the wheel.

It is understood the Greens have insisted on a provision being added
to the bill preventing evidence gathered during bloodtesting of
impaired drivers being used for any other purpose - including
prosecution under the Misuse of Drugs Act.

It is highly unlikely that NZ First would support such a move, which
would see police turning a blind eye to concrete evidence of illegal
drug use.

Labour would need the support of both parties to push the legislation
through Parliament.

Police already have the power to charge those considered to be
"incapable" of driving through suspected drug use, but it is legally
difficult to prove and rarely used.

The Government signalled last year that it would re-write the law
governing drugged drivers.

One police study of 245 dead drivers found that 129 had drugs in their
system. Of those, 80 had drugs and alcohol in their systems, 29 had
cannabis only and 20 had prescription drugs.

In the two years to June 2006, police tried to test 95 motorists for
drug use. The tests are voluntary and only 64 consented.

The Land Transport Amendment Bill would lower the legal threshold to
being "impaired" by illegal drugs. Police would have the power to put
motorists through a series of roadside coordination tests if the
driver seemed impaired but passed a breath-alcohol test.

If the motorist was believed to be on drugs, they would have to
undergo a blood test. If illegal drugs were found in the bloodstream,
drivers would face the same penalties as if caught drink-driving: up
to three months in prison or a fine of up to $4500 and at least six
months' disqualification.

Green MP Metiria Turei said if the aim of the bill was to get unsafe
drivers off the road "then the reason why they are incapable of
driving safely is largely irrelevant".

Police already had considerable powers under the Misuse of Drugs Act: 
"All this would mean is that it's much, much easier for police to 
subvert (those) powers."

Ms Turei said the Green Party would have to be satisfied that the bill
achieved its aims if it was to support it.

NZ First, which takes a much harder line on drug use than the Greens,
is believed to be annoyed at that stance - and is also withholding its
full support.

NZ First may agree to back the bill only to the select committee
stage, but no further.

Police Association president Greg O'Connor said drugs were an
"aggravating" factor in many road accidents. Frontline police needed
better powers to curb drugged drivers.

"People cannot be driving around influenced by all sorts of substances
and do so with impunity," Mr O'Connor said. 
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MAP posted-by: Richard Lake