Join our fight: Sunday Herald Sun campaign to get drug-drivers locked up

Aleks Devic

3 min read and 1 video·November 26, 2016 - 9:00PM

Herald Sun

DRUG-drivers high at the wheel are behind a surge in the road toll, with a legal loophole leaving courts unable to put repeat offenders behind bars.

A Sunday Herald Sun special investigation reveals drug-drivers are outstripping drunks as a road menace, but a gap in the law means repeat offenders are spared jail and banished from the roads for a shorter time than drunks.

The loophole has prompted talks between Victoria Police and the State Government to bring into line drink- and drug-driving laws.

GET INVOLVED: SIGN OUR PETITION TO HAVE DRUG-DRIVER LAWS CHANGED

The stark reality on our roads is hidden in police figures showing:

Of 8536 drug-drivers caught in the last financial year, 40 per cent (3477) had a prior for the same offence; 45 drivers killed in road crashes in 2015 had drugs in their system, compared with 26 drunk-drivers. In the same year, 632 drivers were seriously injured after being involved in a crash while high on drugs.

ALMOST one in five road deaths are now linked to drug-driving;

POLICE predict more than 300 lives will be lost by the end of year;

ONE in 12 drivers tested for drugs records a positive reading;

ICE is the most common drug detected; and

MOTORCYCLISTS killed on the road are over represented in having drugs in their system.

Victoria Police Assistant Commissioner Doug Fryer said drug-driving was more “prevalent” in fatals and serious injuries than drink-driving.

“We need to get drug-drivers off our streets,’’ he said.

“If we don’t find measures to curb the tide of drug-driving we will continue to see dozens of needless death on our road every year.

“We have an absolute problem with drugs and driving. The figures are shocking.”

Today the Sunday Herald Sun begins a campaign to bring the road toll down as it increases for the third year in a row.

GET INVOLVED: SIGN OUR PETITION TO HAVE DRUG-DRIVER LAWS CHANGED
It can be revealed sentencing laws do not allow magistrates to throw repeat drug-drivers behind bars — regardless of how many times they offend. But recidivist drink-drivers can be sentenced to jail after repeatedly being caught over the .05 limit.

Currently, drink-drivers with readings between .07 and .10 can be disqualified from driving for six months, while drug-drivers are banished for only three months. Drink-drivers also have their licence suspended on the spot while drug drivers don’t.

Even new “cocktail laws” targeting those who are caught drunk and on drugs while driving do not have jail sentences attached to a range of penalties including fines, vehicle impoundment, licence disqualification and having an interlock for up to four years.

Barbara Pirpinias’s mother, Gabby, 57, was killed by a man who while on bail for her death was caught three times for drug-driving.

“Drugs in this day and age are so prevalent and the penalties definitely need to be equal footing with alcohol,” the mother of two said. “The consequences of drug-driving are the same, if not worse, than drink-drivers, and everything should be done to get them off the road.”

TAC chief executive officer Joe Calafiore said the amount of drug-drivers on the road was “bloody frightening”.

“Drug-driving is a real significant concern. If it’s legislative, investment or resources, we will throw the kitchen sink at it,” he said.

“The hard truth is that enforcement works. More drug tests, more booze buses, so you are pulling at-risk drivers off the road — it works.”

Magistrates have already voiced their frustrations during sentencing dangerous drug-drivers after being forced to set them free. Roads Minister Luke Donnellan said any law change needed to be “bulletproof” to avoid challenges if it went to court.

“Accuracy — when did someone ingest the drug — is at the heart of it,” he said.

“We are looking worldwide for more efficient and effective drugs testing.”

aleks.devic@news.com.au

@AleksDevic