DRUG DRIVING LAWYERS
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Drive With Illicit Drug Present in Blood - Drug Driving Lawyers
WHY CRIMINAL LAWYYERS GROUP?
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WE ARE RANKED #1 IN SYDNEY FOR TRAFFIC DRUG DRIVING CASES
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YOU WILL BE CHARGED A FIXED FEE OF $1980
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YOU WILL BE REPRESENTED BY A SENIOR LAWYER WITH 5 YEARS+ EXPERIENCE MINIMUM
DRUG DRIVING
The offence of drug driving involves driving a vehicle with the presence of certain drugs (other than alcohol) in oral fluid, blood or urine is committed by a person who drives a motor vehicle on a public road while there is present in the person’s oral fluid, blood or urine any prescribed illicit drug.
Don’t hire just any criminal defence lawyer for your drug driving case. Our criminal lawyers ensure you will obtain the best result in your case.
Our criminal lawyers can ensure the following:
- Principal Lawyer representation – Don’t just settle for any junior criminal lawyer.
- Swift resolution and the best possible result.
- Fixed fees and a free initial consultation to discuss your drug driving case.
THE LAW ON DRUG DRIVING:
The offence of presence of certain drugs (other than alcohol) in oral fluid, blood or urine is set out in section 111 of the Road Transport Act 2013 which states:
“A person must not, while there is present in the person’s oral fluid, blood or urine any prescribed illicit drug:
- drive a motor vehicle, or
- occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
- if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence) occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.”
WHAT IS A PRESCRIBED ILLICIT SUBSTANCE?
The Act list the prescribed illicit drugs of:
- marijuana (also known as delta-9-tetrahydrocannabinol);
- speed (also known as methylamphetamine);
- ecstasy (also known as 3,4-methylenedioxymethylamphetamine);
- cocaine.
- amphetamines.
WHAT IS A MOTOR VEHICLE?
A motor vehicle is defined in the Act as a vehicle that meets:
- any description of a vehicle on wheels (including a light rail vehicle) but not including any other vehicle used on a railway or tramway, or
- any description of a tracked vehicle (such as a bulldozer), or any description of a vehicle that moves on revolving runners inside endless tracks, that is not used exclusively on a railway or tramway, or
- any other description of vehicle prescribed by the statutory rules.
CONSEQUENCES OF A CONVICTION FOR DRUG DRIVING:
If you are convicted of drug driving, you will have this offence noted on your criminal record and have your licence disqualified.
The automatic disqualification period will apply unless the court makes a specific order. The court can disqualify your licence for any length of time within the minimum and maximum periods listed above.
Our criminal lawyers for drug driving offences have succesfully obtained a non-conviction result in drug driving matters.
DRUG DRIVING PENALTIES IN NSW:
Drug driving is a “fine only” offence, and cannot lead to imprisonment. If you are convicted, the potential penalties include:
| Penalty | First offence | Second offence |
|---|---|---|
| Penalty notice fine | $572 | N/A |
| Maximum fine | $2,200 | $3,300 |
| Licence suspension | 3 months | N/A |
| Minimum disqualification | 3 months | 6 months |
| Maximum disqualification | 6 months | Unlimited |
| Automatic disqualification | 6 months | 12 months |
PLEADING NOT GUILTY TO DRUG DRIVING?
Pleading not guilty to a drug driving charge means that it is up to the prosecution to prove that you were driving with drugs in your system.
If you are sure that you were not driving with drugs present in your system, you can plead not guilty and defend the matter in court. You can also beat a charge if you were ‘honestly and reasonably mistaken’ about the fact drugs were in your system – in other words, if you genuinely believed on a reasonable basis that drugs were never, or were no longer, in your bloodstream. For example eating food that contained a drug that you were not aware of.
Our Driving Driving Lawyers will advise you whether your case should be defended or not.
CAN I OBTAIN A S10 NO CONVICTION RESULT?
Our Drug Driving Lawyers will advise you on what is required to obtain a result that involves a non-conviction.
If you decide to plead guilty to a charge of drug driving, you may be able to obtain a s10 or a s9(1)(b) with no conviction recorded. If you get a non-conviction order, you won’t have to face disqualification, or pay a fine, and you won’t end up with a criminal record.
Pleading guilty can also help you get a more lenient sentence, especially when you can also demonstrate remorse, and show that you have taken steps to address your reasons for offending. Useful tip is to complete the Traffic Offenders Program swiftly.
Steven Mercael
Principal Lawyer
