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Australia:
First
"Drugged
Driver"
to
Sue
Police
for
Defamation
6/3/05
In December, a motorist from the Australian state of Victoria became the first person to be identified as a "drugged driver" under the state's brand-new roadside drug test program. As TV camera crews filmed it all, John de Jong, 40, was pulled over, forced to submit to drug tests, and then accused of testing positive for methamphetamines and marijuana. Only one problem: The roadside tests were wrong, and a police laboratory later cleared de Jong of any wrongdoing. Now de Jong is suing the government of Victoria for defamation. While the professional courier told the Advertiser newspaper Tuesday that he mainly wants an apology from Victoria police, he is also seeking unspecified damages for harm to his reputation after being falsely identified as a doped-up driver. Police told him his face would not be shown on TV by media they had invited to witness the new policy in action, but it was anyway. The program, which is still underway, allows police to stop passing motorists at random and force them to submit to a saliva test for cannabis and methamphetamines. Those found to have drugs in their systems are punished by fines similar to those for drunk driving. But unlike Australia's drunk driving laws, which specify a blood alcohol level beyond which impairment is assumed, the drugged driving laws punish drivers for any detectable amount of the drugs, regardless of whether that amount is linked to actual impairment. Police plan to randomly test some 9,000 drivers this year, they said when the plan was announced in December. Among the targeted locations are areas with heavy truck traffic and "areas known for rave parties," police said.
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