On Tuesday evening, a car driver without a driver's license and under the influence of psychoactive substances knocked down a mother who was pushing a stroller with a child in Mileševska Street in Vračar, at the pedestrian crossing. The mother and child were slightly injured. writes Radio Television of Serbia.
It is just one more in a series of many traffic accidents caused by drugged drivers. According to the data of the Traffic Police Administration, there were about 1500 of them from January to May this year, which is a third more than last year.
Psychoactive substances include drugs and medicines that affect the driver's ability, his perception, coordination, the time he will have to react and the way he decides in a situation in which he finds himself in traffic.
Testing can be declined, but…
If the police stop a driver due to driving style or during a routine control and require him to be tested for psychoactive substances, the driver does not have to comply with such a request, but this does not mean that he will not be tested.
Lawyer Aleksandar Aleksić tells "Vreme" that if the driver refuses to be tested on the spot, the police can take him to the hospital, i.e. to the competent institution, in order to determine the level of alcoholism and the presence of illegal substances, i.e. narcotics, from a blood sample.
"If the driver consumes alcohol or narcotic drugs or other illegal substances before driving, it usually happens that his psychophysical abilities do not correspond to the necessary reactions of the driver in traffic, that his reactions are uncontrolled and delayed, which puts other road users, especially pedestrians, at risk. and the ability to perceive signs and traffic lights is partially or completely lost," says Aleksić.
He states that traffic accident experts take one second as the average person's reaction time, that professional Formula 1 drivers can react after 0,5 or 0,6 seconds, while a person under the influence of drugs or alcohol can have a significantly longer reaction time. .
"For example, at a speed of 50 kilometers per hour, a driver who sees an obstacle on the road or a pedestrian running across the road at a distance of 30 or 40 meters, needs no more than 32 meters to stop a technically correct vehicle, and at a speed of 40 kilometers 25 meters per hour, depending on the age of the vehicle and brakes. If the driver is under the influence of narcotics, he cannot avoid the accident by reacting in time, that is, the accident usually occurs because the driver reacts late," says Aleksić.
Fines, demerit points and even jail time
The legal sanctions for refusing to be tested for psychoactive substances are a fine of up to 120.000 dinars, 14 penalty points, revocation of a driver's license for eight months, and alternatively it can be a prison sentence of 30 days.
Penalties for a positive test for psychoactive substances are exclusion of the driver from traffic for 24 hours, detention in official police premises for up to 12 hours, a fine of 20.000 to 40.000 dinars or imprisonment for up to 30 days, eight penalty points and a ban on driving a motor vehicle for at least six months. .
Photo: Tanjug/Tanja ValičPhoto: Tanjug/Tanja Valič
On-site and in-hospital testing
Drug testing involves taking a saliva sample, and the tests can detect the presence of amphetamines, cannabis, cocaine, methamphetamine, opiates, methadone and benzodiazepines.
Dräger DrugTest 5000 is used to test for psychoactive substances, when the driver is tested for saliva, and there is also an expert analysis that involves the analysis of blood and urine of the driver.
During the Dreger analysis, the driver is given a small device, similar to a cotton swab, which is placed in the mouth under the gums, where the concentration is highest. The device is then placed in the Dreger, and you need to wait about 10 minutes for the results. This test is reliable for detecting the presence of some drugs in saliva, but it can also be sensitive to certain factors such as recent food or drink consumption.
There have been recorded instances of Dreger results being incorrect, and such incidents, although rare, highlight the right of drivers to challenge test results. Drivers have the right to request additional laboratory testing on the spot, immediately after receiving the results, if they believe that the Dreger test result is incorrect.
That right allows drivers to protect themselves from unfair charges and sanctions due to wrong test results.
The expert examination is performed in a laboratory in a health facility, and the time required to obtain the results may vary depending on the laboratory procedures and the type of test. Such tests are very reliable for detecting the presence of psychoactive substances, considering that it is a detailed laboratory analysis.
The Road Traffic Safety Act clearly indicates that driving under the influence of psychoactive substances is not only illegal, but also extremely dangerous, with serious consequences for the driver and the environment.
