Rachael Anne Kirkland, 35, pleaded guilty at Clermont Magistrates Court on December 9 to driving while a relevant drug was in her saliva.
Rachael Anne Kirkland, 35, pleaded guilty at Clermont Magistrates Court on December 9 to driving while a relevant drug was in her saliva.

Mum ‘surprised’ at positive drug test when pulled over

A Clermont mum was “surprised” she was caught with traces of drugs in her saliva, five days after smoking it.

Rachael Anne Kirkland, 35, pleaded guilty at Clermont Magistrates Court on December 9 to driving while a relevant drug was in her saliva.

Police prosecutor Sergeant Kevin Ongheen said the mum of three was intercepted by police about 5.40pm on September 11, driving on Daintree St, Clermont.

She took part in a road side drug test which returned a positive result and later confirmed the presence of marijuana.

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Kirkland was suspended from driving for 24 hours.

Lawyer Rhett Peters said his client, who worked as a casual cleaner, only used marijuana to assist with post traumatic stress disorder from a previous violent relationship.

Kirkland smoked marijuana on Sunday night, September 6, and wasn’t feeling the effects of the drugs at the time of driving, the court heard.

“She was surprised to have a positive reading some five days later,” he said.

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A local medical practitioner has applied to prescribe medicinal marijuana, which Ms Kirkland hoped to use going forward, the court heard.

Magistrate Robert Walker said while it was a poor decision to use cannabis illegally, he was encouraged to hear Kirkland had sought out medical advice.

Kirkland was fined $350 and disqualified from driving for one month. The conviction was recorded.


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