{"id":1796,"date":"2017-01-17T03:36:20","date_gmt":"2017-01-17T03:36:20","guid":{"rendered":"http:\/\/nimbinmardigrass.com\/newsite\/?page_id=1796"},"modified":"2017-02-05T23:33:14","modified_gmt":"2017-02-05T23:33:14","slug":"roadside-saliva-testing","status":"publish","type":"page","link":"https:\/\/nimbinmardigrass.com\/roadside-saliva-testing\/","title":{"rendered":"Roadside Saliva Testing"},"content":{"rendered":"
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Roadside Saliva Drug Testing Advice<\/h2>

Roadside Saliva Testing: Defence of \u201chonest and reasonable mistake of fact\u201d<\/strong><\/h4>

It is an offence to drive with THC present in your saliva. Police can stop a driver for no particular reason and require them to provide a saliva sample. If there is any amount of THC found in the sample, the charge is made out. The police do not have to prove that you were impaired to any degree in your ability to drive. And the police do not have to prove that you intentionally drove with THC in your system.<\/p>

But it is a defence to the charge if you honestly believed that you did not have THC in your saliva at the time you drove and that there was reasonable basis for you to hold that belief. That is, the court must accept that you genuinely believed what you say you believed. The court must also decide that an ordinary person would consider it reasonable to believe that there would be no THC present.<\/p>

The NSW Government Centre for Road Safety website<\/a> states that the period of time that drugs could be detected \u201cdepends on the amount taken, frequency of use of the drug, and other factors that vary between individuals\u201d. The website goes on to say that the saliva test would \u201ctypically\u201d detect THC for \u201cup to 12 hours after use\u201d.<\/p>

A defence of honest and reasonable mistake of fact might succeed where the driver satisfied the court:<\/p><\/center>