AMount Gambier man’s application to remove his licence suspension on the grounds police were not wearing gloves when administering the drug test has been refused.
Travis Gladman faced the Mount Gambier Magistrates Court last week in front of Magistrate Koula Kossiavelos.
The charge related to an offence on March 2, 2024 at 10.32pm in which the defendant drove a motor vehicle on Queens Avenue and tested positive to methamphetamine and cannabis.
Mr Gladman contested the reading due to potential contamination with respect to gloves not being worn when administering the two drug tests.
“The officers could have touched anything during that day and that can get transferred to the sample, simple as that. That is why we have got to wear gloves,” Mr Gladman said.
In response, the police prosecutor detailed the drug testing process.
“It all comes in a sealed container; they have peeled back the container and they have presented it to the defendant and the only time anyone touches it would be the hands when the defendant removes it and is given instruction then to apply it to his tongue and put it underneath his tongue,” they said.
“The next time anyone touches that paddle would be the officer not the defendant is when the officer has gloves on.”
Magistrate Kossiavelos said she was satisfied that what the police prosecutor said was correct.
Magistrate Kossiavelos convicted Mr Gladman of drug driving and breaching a condition of his probationary licence.
He was issued with a six month licence suspension backdated to March 31 and received a $900 fine.