Magistrate rejects ‘double dip’ claims

A WOMAN has asked a court to drop her second drug-driving charge on the basis that marijuana remains in the human system for 28 days and the charge was “double dipping”.

Crystal Gayle Clark, 37, appeared before the Charters Towers Magistrates Court on two charges of drug-driving from May 6 and 29 this year.

Clark, who represented herself in court, asked Magistrate Cathy Wadley to drop the second charge based on claims of “scientific evidence”. She claimed marijuana traces stayed in the body for 28 days, and the second charge was essentially a double-up of the first.

“The second charge (should) be dropped because it’s scientifically proven that the substance remains in the human system for 28 days and the second test was conducted within the 28 days,” Clark said.

Initially Clark pleaded guilty, but then Ms Wadley queried the plea, given the claims of a defence.

But when told her defence didn’t make a “lot of sense” by Ms Wadley, Clark instead offered to “plead guilty to get it over and done with”.

Police prosecutor Sergeant Amanda Lawson said police stopped Clark in a Hyundai Accent on Cambridge St on May 6.

The saliva test she undertook returned a positive result and the analysis showed a presence of methamphetamine.

Sergeant Lawson said that, on May 29, Clark was stopped again, this time on Felix St.

“Police spoke to the female driver, who was compliant. She supplied a specimen of saliva at the station and the analysis certificate shows the presence of cannabis,” Sergeant Lawson said.

Clark told the court she had made some mistakes, but had made changes in her life.

“I’m a good person and I’ve gotten away from those bad people who were taking advantage of me and treating me as a fool,” she said.

“There was a party and there was a joint and I was unaware that it was laced, which was the other substance. At the time I wasn’t aware.”

Ms Wadley said she would impose the mandatory minimum disqualification periods for both offences.

For the offence on May 6, Clark was convicted and fined $350 and disqualified from driving for a month.

For the second offence she was fined $550 and disqualified from driving for three months.

Ms Wadley warned Clark if she drove in the next four months she would lose her licence for two years.