Breaking News: Cuz back in trouble

[Rex - Crow]

Guy's Ben is a smack head!!! It wasn't vallium or any other pescribed drug, He is into party drugs like Eccies and ICE!

 

[relapse]

In Victoria, no, in W.A., I don't know. Section 49 of the Road Safety Act in Victoria explicitly states that a blood test is required to prove a crime has been committed.
There are some seriously dangerous prescription drugs out there, Oxycontin being an example. It goes heroin > morphine > oxycontin. So therefore, possessing a drug such as that is much more serious than not taking a test. I'm not saying Cousins had that, obviously.
But you asked the question.

If you were picked up by police driving errantly and appeared to be clearly intoxicated and refused to take a test you would still be proscecuted for driving under the influence. Otherwise everyone would just refuse to take the test. They advise you that if you refuse to take the test you will be proscecuted at the maximum charge and refusal to take a test isnt defendable in court without signficant supporting medical evidence.

I found this on a site

Refusing tests

It's an offence for a driver to:

* fail to stop for a roadside breath test;
* refuse to take a breathalyser or breath test (which includes not blowing properly into the device);
* refuse to undertake a sobriety test;
* refuse to allow a blood sample to be taken after being admitted to a hospital after a car accident;
* refuse to allow a blood and/or urine sample to be taken following a sobriety; test and
* refuse to allow a blood test (or urine specimen) at a doctor's or hospital if suspected of being "under the influence" of a drug.

These are serious offences, and you should see a lawyer straight away if you are charged. The lawyer will ask you questions to make sure that the police followed the right procedure, and that you were really obliged to take the test. But in general, you will find it hard to challenge these offences.

Remember, the penalty for refusing to take these tests may involve prison sentences! There can also be a heavy fine.

 

[Goosen]

I have heard UNCONFIRMED that forensic police are at Daniel Kerr's house searching cars. If so then obviously the police have been on the WCE trail for a while.

If this is true and this goes further than just Chick and Cousins then it could very well be the end of the WCE.

By the way, did any Eagles members recieve their membership renewal today? I got mine and I almost feel so disenchanted that I want to tear it up.

 

[Bollox]

50 bux says Gardiner is booking a flight...he must be missing this sort of action.

 

[- PC -]

Diane '' wheres your compassion man wheres your compassion, I have compassion for Ben''

 

[Hoffy95]

"Where is your compassion guys, You always pick on Ben. Where is your compassion"



Best call of the year haha

Grannies again. Not Happy are they

 

[jerry springer]

sounds like the people on 6pr are on valium

 

[DeadlyAkkuret]

"Where is your compassion guys, You always pick on Ben. Where is your compassion"



Best call of the year haha

Is it just me or does she sound like a stoned hippie? No wonder she's supporting Ben.

 

[sharpie]

sounds like the people on 6pr are on valium

kerry just helping out with the members!!!

 

[red+black]

Diane '' wheres your compassion man wheres your compassion, I have compassion for Ben''

You can take your compassion and shove it! LOL @ Hardie.

 

[sharpie]

Diane '' wheres your compassion man wheres your compassion, I have compassion for Ben''

Is compassion code for charlie

 

[- PC -]

You can take your compassion and shove it! LOL @ Hardie.

 

[whattagun07]

50 bux says Gardiner is booking a flight...he must be missing this sort of action.

hahahaha

 

[DeadlyAkkuret]

"Like heroes ya mean?"......."Like stars"

LOL!

 

[- PC -]

Mantis giving the finger to her neighbour

 

[red+black]

I need to listen to 6PR more often

 

[Oh When the Saints]

Gardy has been a model citizen for twelve months. Has recovered well from his foot operation and is ready for the pre-season.

Doubt he would put that in jeopardy now.

Saints have a strong culture - we turn people around.

 

[Rex - Crow]

WOW can't keep up with the convo.

Ben like to PARTYYYYYYYYYYYYYYYYYYYYY

 

[Keele]

And we thought the Judd threads were hot

Cannot even keep up with the posts

 

[rusdid24]

If you were picked up by police driving errantly and appeared to be clearly intoxicated and refused to take a test you would still be proscecuted for driving under the influence. Otherwise everyone would just refuse to take the test. They advise you that if you refuse to take the test you will be proscecuted at the maximum charge and refusal to take a test isnt defendable in court without signficant supporting medical evidence.

Section 49(1) is specifically relating to drugs. I'm getting this out of my uni textbook as well. You need to prove the case when it comes to drugs with hard evidence. You also need to prove that the driver, if they were indeed on drugs, was actually impaired at the time.

EDIT: I'm not saying refusing is not serious, it is. BUT, driving under illicit drugs only carries a 3-month suspended licence as a FIRST offence, which is what this would be. That's not exactly tough.
If you had something like Oxycontin, you'd be in a HELL of a lot more trouble.

 

[evo]

Hi Gunnar, love your new username.

Gunnar is colateral damage in all this.

 

[relapse]

Section 49(1) is specifically relating to drugs. I'm getting this out of my uni textbook as well. You need to prove the case when it comes to drugs with hard evidence. You also need to prove that the driver, if they were indeed on drugs, was actually impaired at the time.

I did find this online

Refusing tests

It's an offence for a driver to:

* fail to stop for a roadside breath test;
* refuse to take a breathalyser or breath test (which includes not blowing properly into the device);
* refuse to undertake a sobriety test;
* refuse to allow a blood sample to be taken after being admitted to a hospital after a car accident;
* refuse to allow a blood and/or urine sample to be taken following a sobriety; test and
* refuse to allow a blood test (or urine specimen) at a doctor's or hospital if suspected of being "under the influence" of a drug.

These are serious offences, and you should see a lawyer straight away if you are charged. The lawyer will ask you questions to make sure that the police followed the right procedure, and that you were really obliged to take the test. But in general, you will find it hard to challenge these offences.

Remember, the penalty for refusing to take these tests may involve prison sentences! There can also be a heavy fine.

 

[Coastal Rocks]

I have heard UNCONFIRMED that forensic police are at Daniel Kerr's house searching cars. If so then obviously the police have been on the WCE trail for a while.

If this is true and this goes further than just Chick and Cousins then it could very well be the end of the WCE.

By the way, did any Eagles members recieve their membership renewal today? I got mine and I almost feel so disenchanted that I want to tear it up.

Why does this not surprise me, I've heard some bad stuff about him lately.

 

[scottwade]

A PDF relating to drug driving (in WA) can be downloaded here;
http://www.officeofroadsafety.wa.gov.au/index.cfm?event=topicsDrugDriving
(under commonly asked questions).

For a person suspected of drug driving a saliva test is first performed and if that registers positively a blood/urine sample is collected.

The act is quite specific and refers to THC (the active ingredient in cannabis), methylamphetamines (eg ‘speed’ or ‘ice’) and MDMA (eg ‘ecstasy’).

The penalties are quite small. A $200-2500 fine for refusing a test, depending on the circumstances.

 

[Saints Premiers 2006]

50 bux says Gardiner is booking a flight...he must be missing this sort of action.

he can't do that...

he has finally gotten himself fit...

oh bloody hell