The new police roadside drug testing regime has survived what is understood to be its first court challenge after a man was convicted yesterday of driving with a prescribed illicit drug in his system.
Daniel Ross Somerford, of Kalamunda, was stopped on Mounts Bay Road in December and a test of his saliva detected methylamphetamine, commonly known as “ice” and ecstasy. The 27-year-old challenged the charge, claiming he had taken only the over-the-counter cold medication Sudafed.
When he was stopped about 1.30am on December 16, he told officers he had taken eight Sudafed tablets in the previous 24 hours, two just 15 minutes earlier.
In Perth Magistrate’s Court yesterday, Somerford questioned chemist Hayley Vickers, who analysed his sample for the police, about whether the positive result could have been the pseudoephedrine in the Sudafed. But she said the test could distinguish between methylamphetamine, ecstasy and pseudoephedrine.
Somerford did not present any evidence to support his defence.
Police statistics released in April showed one in 24 motorists tested during the first six months of the drug bus returned positive samples. The tests can detect only whether the drugs are in a driver’s saliva or blood, not the levels present. Police do not have to prove the drugs impaired the motorist.
Magistrate Catherine Crawford fined Somerford $100 and ordered him to pay $110.20 costs.
Acting Assistant Commissioner traffic Steve Brown said police were pleased with the outcome.
Outside court, Somerford denied he took the illicit drugs and said he was disappointed with the result.
GABRIELLE KNOWLES
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