KEY POINTS:
A crash in which a driver's car became airborne has highlighted the need to drug-test motorists, a judge says.
The driver, 20-year-old bushman Mark David Aranga, was tested for alcohol after the crash, but was under the limit.
However, he had admitted smoking cannabis before the crash and Judge James Weir hinted strongly in the Rotorua District Court yesterday that Aranga's driving was poor because of that.
Aranga was in court for sentencing after he admitted dangerous driving and two charges of driving while disqualified.
Judge Weir said the case highlighted the need for drivers to be tested for cannabis use.
Aranga, who had been seen driving at 90km/h, had overtaken a car on Arawa St, Rotorua, on September 2, squeezing between it and an island in the middle of the road. He hit the back of a stationary car, mounted the road island before knocking a street light to the ground.
The car became airborne, landing on its wheels on the other side of the road before continuing another 70m and hitting another car. Aranga said he had been drinking alcohol but a breath test showed he was under the legal limit.
He told police he was driving because he was the least drunk of his mates.
As the law stood it was not an offence to have cannabis or other drugs in the blood, said the operations manager for road policing Inspector Carey Griffiths.
It became an offence only when the person was affected to the extent he was incapable of being in control of a car.
In an "ideal world" Mr Griffiths favoured roadside drug testing in the same way as drivers were tested for alcohol.
However, roadside drug testing raised issues such as determining the level of drugs a driver would need to have in his system before he was breaking the law.
Generally, police needed the assistance of a doctor to determine the effect of drugs on a driver's ability.
"The challenge is defining the level, the type of drug and in what circumstances does a legal drug become an illegal drug ... It's not clear cut at all," Mr Griffiths said.
Plans to test drivers for "drug driving" with a physical impairment test were announced in December last year, as were plans to introduce a "driving while impaired with illegal drugs" offence.
However, legal issues appear to have stalled the plans.
Mr Griffiths said the matter had been discussed by Parliament and police were watching roadside drug testing developments in Australia.
This week, Aranga was sentenced to 180 hours' community work and nine months' supervision. His car was confiscated and he was banned from driving for 18 months.
For Aranga, Max Simpkins said his client had learned a valuable lesson and was getting counselling to address his drug and alcohol problems. Aranga realised the danger he had created and was remorseful.
- DAILY POST
