CALL TO CLOSE DRUG DRIVE JAIL LOOPHOLE
MAGISTRATES should be given the power to jail drivers who repeatedly fail roadside drug tests, a policeman turned Torquay politician says.
The plea from Derryn Hinch’s Justice Party Victorian Leader Stuart Grimley comes as magistrates, road trauma victims and the State Opposition are frustrated a legal loophole means those repeatedly failing roadside drug tests cannot be jailed.
Mr Grimley said parliament missed an opportunity to introduce laws to jail repeat drug drivers during debate of a road safety bill last week.
“It is becoming increasingly frustrating that legislation is made reactively rather than proactively,” Mr Grimley said.
“It shouldn’t have to take one more death on our roads as a result of drug driving for this parliament to react with changing legislation.”
Mr Grimley said magistrates should have the power to jail drivers who fail two drug tests for up to six months with the penalty to double for those who fail three or more tests.
“It blows my mind that more than seven different magistrates have been calling for the same extension of sentencing powers to make our roads safer and nothing has been done by the (State) Government.”
Jeynelle Dean-Hayes — whose son Tyler died in a crash which a magistrate ruled was influenced by another man’s drug taking — said penalties needed to match crimes.
“If you continually flout the law then you have lost the right to be on our roads. They absolutely should be jailed,” she said.
David Clutterbuck, left a quadriplegic when a daily cannabis smoker hit him while driving in South Geelong with drugs in her system, said magistrates needed more sentencing options.
“I think it should be a possibility from the first offence,” Mr Clutterbuck said.
Norm Robinson, whose son Luke died in car crash at Lovely Banks in 2010, said first-time drug drivers should face mandatory jail sentences.
“There is no real deterrent for people to stop doing it. If we really want to be serious about getting them off the road maybe we should be real serious about what the punishment is,” he said.
Last year, Victorian Deputy Chief Magistrate Franz Holzer reportedly said: “There’s a gap in the legislative regime where drug drivers don’t have the same consequences as drink drivers and I really hope that situation changes.”
A State Government spokeswoman said Victoria had the toughest drink and drug driving laws in the country.
“The Department of Transport is currently reviewing the range of penalties for road safety offences including mobile phone use, drink driving, speeding and drug driving to ensure Victoria has a comprehensive and proportionate range of penalty options,” the spokeswoman said.
“We are also working with Victoria Police on developing the best processes and testing regime that will ensure we can increase testing levels and ensure confidence from the community.”
A parliamentary inquiry due to report later this year is expected to examine possible changes to penalties for drug drivers.
In what appears to be a legal loophole, drivers who repeatedly fail roadside drug tests can not be jailed, but those who police judge to be impaired by drugs without completing a roadside drug test can be jailed.
Only highway patrol members are permitted to administer roadside drug tests, police sources said.
First-time drug drivers currently have their licences suspended for a mandatory six months and are fined up to $1980.
A second offence brings a licences suspension for 12 months and a fine of up to $9913. A third or subsequent offence carries a 12-month licence ban and a fine of up to $19,826.
Drug drivers must have a zero blood-alcohol concentration for three years, and complete a compulsory behaviour change program.
Last year 150,000 drug driving tests were due to be completed across the state.
Between January and June, 97 drug drivers were caught on Geelong roads. More than 4600 drug drivers were nabbed in 2018 across the state, compared with 5162 drink drivers.