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Unimpaired Cyclist Charged for Cannabis Intoxication After Nearly Fatal Crash

Photo: Melissa AdamsA motorcyclist in Australia was
recently charged with driving under the influence after he was hit by a car
and nearly killed in 2013. The driver was found with trace amounts of

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Photo: Melissa Adams

A motorcyclist in Australia was
recently charged
with driving under the influence after he was hit by a car
and nearly killed in 2013. The driver was found with trace amounts of cannabis
in his system.

However, not only was the cyclist unimpaired during the time
of the accident, he was also not at fault. According to reports, the vehicle, a
Land Rover, pulled out in front of him without looking and nearly ended the
cyclist’s life.

The cyclist was riding a Harley at the time of the accident
and suffered extremely serious injuries including a broken pelvis, three
fractured vertebrae, broken ribs, a broken tibia and fibula in both legs, a
broken femur, a dislocated shoulder, a pulverised kneecap and his left big toe
was amputated. He was in a comma for ten days after the accident, and still has
to use a wheel chair to this day although the accident was some two years ago.

The man’s blood was tested when he was admitted to the
hospital, and trace amounts of cannabis were found. The driver admits to
smoking cannabis at a party on the Saturday prior to his Monday evening
accident. Because of the strict policy Australia has against cannabis use, the
man was charged with driving under the influence.

Photo: Melissa Adams

“Because we’ve got this zero-tolerance approach to
drugs in the system, we don’t send out a targeted message to people, other than
‘don’t do drugs’,” Civil Liberties Australia Vice-President, TimVines, shared
with the
Canberra Times. “People
should really be looking at what level of impairment is actually a risk to
public safety, and then the tests and the thresholds should be based around
that.”

This incident has stirred some debate in Australia about
whether this policy still needs to be in place. Surely, a man suffering
crippling injuries for the rest of his life doesn’t need an extra burden in the
form of a drug charge for using cannabis days before an accident that nearly
ended his life. Hopefully, the local justice system will take note and repeal the
charges so that this man can focus on healing and rebuilding his life instead
of dealing with legal nuisances. 

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