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Detouring civil liberties? Drug-driving laws in Australia

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Prichard, J and Matthews, AJ and Bruno, RB and Rayment, K and Cockburn, H (2010) Detouring civil liberties? Drug-driving laws in Australia. Griffith Law Review, 19 (2). pp. 330-349. ISSN 1038-3441

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Abstract

This article provides an overview of the new drug-driving laws
that exist in Australia. It explains that, like drink-driving
offences, the drug-driving laws prima facie infringe civil
liberties. Yet these infringements are permissible, providing the
laws promote road safety and thereby the civil liberty of the
right to life. The article then analyses empirical evidence
concerning the effects of different illicit drugs on driving skills. It
is argued that it is not practical or necessary to require this
evidence base to match the standard reached with respect to
alcohol. However, suggestions are made as to how drugdriving
legislation could better promote road safety, including
by recognising the interrelationships between drug-driving,
drug-dependency and unemployment. The final section of the
article critically examines aspects of Tasmanian law, which
appear to focus more upon drug law enforcement than the
enhancement of road safety.

Item Type: Article
Journal or Publication Title: Griffith Law Review
Page Range: pp. 330-349
ISSN: 1038-3441
Additional Information:

Copyright © Griffith University.

Copyright 2012 Griffith University.

Date Deposited: 28 Aug 2012 23:02
Last Modified: 18 Nov 2014 04:42
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