Pubdate: Mon, 22 Jun 2009 Source: Dominion Post, The (New Zealand) Copyright: 2009 The Dominion Post Contact: http://www.dompost.co.nz Details: http://www.mapinc.org/media/2550 Author: Stacey Wood KILLER DRIVERS ON DRUGS WILL GO FREE - DAUGHTER A woman whose mother was killed by a driver on drugs says 90 per cent of fatal crashes involving drugs will not be prosecuted under new legislation. Today she will begin a 140-hour hunger strike to protest against what she says are apparent loopholes one hour for each person killed by drugged drivers on New Zealand roads each year. Rachael Ford's mother, Mary Radley, died in a crash in 2004 after a drugged driver ploughed into her car at Koromiko near Picton. The man, whose name was suppressed, later admitted driving under the influence of methadone and benzodiazepine a tranquilising drug he had obtained illegally. Mrs Ford said that under the new crime of driving while impaired by drugs, set out in the Land Transport Amendment Bill before Parliament, he would not be punished for driving under the influence. "Mum's crash wouldn't have been prosecuted under this bill he was on methadone and benzodiazepine he would have gotten off on that." She said major problems with the bill included: Prosecutions for drug driving, except for class A drugs, are not possible without a driver impairment test and a blood test. But drivers hurt in an accident cannot be made to take the impairment test. A class of sedative drugs called benzodiazepine is not included in the list of drugs drivers can be prosecuted for under the new crime. These drugs can be prescribed, but are often abused by drug users, and can react badly with alcohol. Mrs Ford said New Zealand should follow other jurisdictions, Australia included, where impairment testing was not necessary for a conviction of driving under the influence. "A forensic scientist can testify ... there's also confessions ... like in my mother's case, and witness statements. It just involves a little bit more police work." Mrs Ford and other members of Campaign Against Drugs on Roads will be on hunger strike this week. The bill goes into its third reading on Tuesday. Transport Minister Steven Joyce said the main purpose of the new law was to catch impaired drivers before they had accidents. "Once they have an accident they are up for a number of charges, including dangerous driving 'driving while impaired' is to give police a roadside test to determine if someone should be driving." He could not explain why benzodiazepine had been left out of the law. "That's the way the Labour government drafted it, and that's how it came back from select committee, but I will have to check whether that was intended." The crime would carry a maximum penalty for a first offence of three months' jail, a $4500 fine and at least six months' disqualification. Green Party co-leader Metiria Turei said the bill needed urgent changes. "It has to be fixed. It shouldn't proceed if a major class of prescription drugs which are known to cause impairment are excluded." National has promoted the bill as a way to strengthen road safety laws by creating a crime for driving under the influence of drugs. It replaces the old test of being "incapable" of proper control of a motor vehicle. - --- MAP posted-by: Richard R Smith Jr