The recent amendment to article 187 of the Highway Code has sparked controversy and raised several critical issues regarding the detection of psycho-physical alteration of drivers who have taken narcotic or psychotropic substances. The amendment effectively eliminates the need to ascertain the state of alteration, causing concerns about the implications of this change.
One of the main concerns raised by experts is the wide range of substances that can be investigated, including both illegal and legally prescribed drugs. The detectability of these substances in biological liquids can occur many hours or even days after intake, making it difficult to determine the exact timing of drug use and its potential effects on driving ability.
This has raised various medical-legal questions, particularly regarding the responsibilities of prescribing doctors and the consequences for patients, especially those who drive for work. Questions have also been raised about the potential impact on insurance claims and the legal implications for drivers who test positive for psychoactive drugs.
Furthermore, the amendment also raises concerns about discrepancies between the Highway Code and the Criminal Code, particularly in cases of traffic homicide and personal injury. The Criminal Code still requires the verification of psycho-physical alteration from drug use, creating interpretative doubts and potential legal challenges in determining liability in accidents involving drug-impaired drivers.
Overall, the amendment to the Highway Code has sparked debate among health, legal, and judicial experts, highlighting the complex issues surrounding drug-impaired driving and the need for greater clarity and consistency in the enforcement of laws related to drug use and driving.