Stephen Caldwell appealing drug-drive matter after Walwa police intercept

Stephen Charles Caldwell is taking his fight to a higher court after being caught with marijuana in his system in Walwa.

The 70-year-old's vehicle was stopped on Hanna Street on October 9 last year.

Alcohol wasn't detected, but an oral fluid test returned a positive cannabis result about 11.10am.

Caldwell gave a lengthy explanation of what occurred - including that police talked about food to make him salivate during the test - in Wodonga court on Tuesday.

He told magistrate Ian Watkins he had used marijuana the previous night, suffered severe osteoarthritis, had PTSD from being bashed and stabbed, and recently called police as his business had been pelted with rocks.

Mr Watkins found the drug driving charge proven, noting it was an offence of strict liability.

He said Caldwell's reasons put forward could mitigate the penalty but not act as a defence.

Caldwell said he lived in constant fear and had been on Prozac before turning to marijuana.

He said he wasn't drug dependent, just a medical user.

"I think it's unfair to take my licence off me," he said,

"Perhaps I could do community service."

Mr Watkins replied "I simply don't have that discretion".

"The act is clear," he said.

"I must take it for six months."

Mr Watkins said he could appeal the decision, but didn't think it would have any merit.

He imposed a $555 fine and cancelled Caldwell's licence for six months.

"I think it's most unfair your honour," Caldwell said.

"Well, that's the rule that applies to everyone Mr Caldwell," Mr Watkins replied.

The 70-year-old filed an appeal and said he wanted to get legal advice.

Police did not oppose his ability to drive while the appeal is pending.

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