Judge says decision involving a Sydney man who lost his licence after testing positive for cocaine pivoted on presence of drug rather than his credibility
According to the district court judgment, which summarises the facts of the case, police pulled the man over in western Sydney in September 2020 “due to his manner of driving”.
He said last time he had used cocaine had been the previous year. On the day he was pulled over, he said he had taken Valium that day, with a prescription, and that he had used a bottle of “Gatorade or Powerade” that he found on the floor of the car to wash it down about 45 minutes before he was stopped by police.
However, the district court judge who heard the man’s appeal said the man’s evidence was “straightforward and consistent”. Prof Luke McNamara from the University of NSW’s Centre for Crime, Law and Justice said the decision was likely to attract the scrutiny of a higher court but, if it stood, it would make drug driving offences “additionally punitive”.
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