blood test after accident

[griffo]

Hi i was involved in an accident awhile ago and went to hospital. while in hospital i had blood taken. which after a few months i had a visit from a police officer stating i had trace amounts of a few illicit drugs in my blood. he then proceeded to ask me questions regarding the matter. which i stated i wanted to get legal advice before answer any questions. he then stated i would be receiving a infringement notice in the mail with the relevant charges.

as to the incident above i have a few questions i was hoping for some guidance for.

1. i went to hospital on my own accord and not due to the accident as my father was concerned about my mental state (due to a personal incident a week before) but traveled there via ambulance from the scene. was wondering if a blood test is still need to be given if a police officer doesn't ask for one to be taken.
2. the doctor taking the blood test only stated to me it was only for alcohol and not for drugs. i asked him specifically and he stated a few times it was only for alcohol. is the police allowed to test it for drugs if taken under false pretenses.
3. what will happen with my insurance if a plead guilty or pay the infringement. as they have already paid for my car the the other party involved. would i receive a debt from them? not to sure if anyone on here is capable answering this. but this is my greatest concern really. as i know i did something wrong by driving with drugs in my system. but i really cant afford a $20,000+ debt from the insurance company.

any help regrading this would be greatly appreciated

[Hardy]

1. Yes.
2. If you attend hospital following a motor vehicle accident you are obliged by law to allow the doctor to take a sample of your blood. The police can test it for whatever they like.
3. There is a very small chance your insurer will claim back the money from you.

[Boki]

i went to hospital on my own accord and not due to the accident as my father was concerned about my mental state

What the f**k? What can the hospital do in terms of your mental state? Give you a hug and a shoulder to lean on?

Judging by your first post you seem mentally stable enough for me.

The most intriguingly hypothetical question that has to be asked here is......... Would have your father insisted on a first class ambulance trip to the hospital if he knew that it might set you back 20k?

[rustyone]

so Sean, if l was drug tested and trace amounts of pseudoehedrine are found in my system l would be charged? weather it be from a RSDT or blood taken after a road accident?

[Boki]

Lol Rusty, stop getting high off Sudafed.

[Hardy]

You can commit an offence of driving while impaired by a drug if you drive a motor vehicle after having any drug, including a laxative, a coffee or the Pill. All of those drugs impair some bodily function. There is no definition of "impaired" in the Act and no limitation at all on what degree or type of impairment is required to prove an offence against s.49(1)(ba). The only limitations are on the circumstances in which they can request a blood sample under s.55B. But that limitation does not apply when your blood is taken by a doctor or nurse at a hospital. The definition of drug refers to: "... any other substance (other than alcohol) which, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties", so that suggests "impaired by a drug" also has a very wide scope.

[zoidberg]

There must be many elements of fact that the police must prove to prosecute this case successfully.

I'm no lawyer, but it seems that they'd have to prove: (see s56 of Road Safety Act, or Part 2 s10 of the Regulations)
- That you were taken to the hospital at the as a result of the crash
- That you were a driver in the collision (blood is taken from passengers too under the act - do the police know for certain you were a driver?)
- That there person taking the blood was a doctor or "approved health professional"
- That the blood was taken from you, not someone else
- That the swab used to clean the skin was from the authorised testing kit (an explicit requirement under the Regulations - it must not contain alcohol and must be sealed prior to use)

How much is contesting this worth to you? Should you be forking out to see a lawyer?