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Australia's drug driving laws are grossly unfair. January 2. 9, 2. 01. Australia's drug driving laws criminalise individuals who represent no risk to other drivers, making a mockery of the law as a tool for reasonably managing risk in a community, writes Greg Barns. Every Australian jurisdiction has, over the past decade, passed laws that make it an offence to have any trace of an illicit drug in your blood when you are driving. It does not matter that your driving is exemplary or that the trace of drugs in your blood is from a couple of puffs of a cannabis joint a few days earlier. In most states and territories the court will have no choice but to disqualify or cancel a first time offender's drivers licence for a period of between a minimum of three months and maximum of six to nine months. Drug driving laws are grossly unfair.
They are not based on data or scientific knowledge. These laws are under pressure in the United States with the advent of medical cannabisand an acknowledgement by one superior court last month that it is patently unjust to penalise a person who does not threaten other road users in any way. The inherent unfairness of drug driving laws can be illustrated by comparing them to drink driving laws. The link between alcohol and road deaths and injuries is well known, as Assistant Professor Andrea Roth wrote about in the California Law Review last year.
Australia's drug driving laws have no evidential basis but can have severe impacts on the rights of individuals and their families. In the article, Assistant Professor Roth described the work by epidemiologists - who in the 1. We base our drink driving laws on this demonstrably correct data and accordingly allow for some alcohol in the bloodstream for full drivers licence holders, so long as it is below a blood alcohol content of 0. But not so with other drugs such as cannabis. Here we take the prohibitionist stance and apply it to driving without bothering to undertake the rigorous analysis that accompanied and underpinned drink driving law development. This is admitted by researchers in the field.
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We provide excellent essay writing service 24/7. Enjoy proficient essay writing and custom writing services provided by professional academic writers. Xforce Keygen Generator Autocad 2009 Activation. Australia's drug driving laws criminalise individuals who represent no risk to other drivers, making a mockery of the law as a tool for reasonably managing risk in a.
Roth cites a 2. 00. Addiction by Franjo Grotenhermen and colleagues who observed. This is what we call 'vicarious punishment' and it offends basic notions of fairness. This is making a mockery of the law as a tool for ensuring that risk in a community is managed reasonably. Drug driving laws must be reformed and this can only be done by governments spending money on pursuing rigorous analysis of the impact of drugs on driving. The only offence which ought to be on the statute books is one based, as is the case in respect of drink driving laws, where there is a strong research consensus on causation between the substance in a person's blood stream and impairment. Greg Barns is a barrister and a spokesman for the Australian Lawyers Alliance.
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Topics: law- crime- and- justice. First posted. January 2.
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