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Client Avoids Licence Disqualification and Conviction after Drug Driving

RELATED TO: Section 10 Dismissal, Drug Driving, Penalties for Traffic Offences
TRAFFIC CASE

Our client was pulled over by police after he was seen veering from lane to lane without indicating.

After lowering his window, police smelt an ‘overpowering scent of cannabis coming from the vehicle’.

They asked whether he had smoked anything recently, to which he replied ‘Yes I smoked it 20 minutes ago, on the way to seeing you guys’.

Police asked whether there were any drugs in the vehicle, and our client handed over his remaining joint of cannabis.

As police did not have drug testing facilities, our client was transported to Hawkesbury Hospital where he provided blood and urine samples.

The analysis of those samples later revealed very high concentrations of ‘THC’.

He was then charged with ‘driving under the influence of alcohol / other drug’, also known as ‘DUI’.

Despite the fact that our client has numerous entries on his traffic record, the Magistrate in Windsor Local Court was persuaded to grant him a ‘section 10’ – which means that he avoids a criminal record and licence disqualification.

This was achieved through producing materials to show that our client suffers from a range of health issues, including severe hernia pain, which would have made it extremely difficult for him to catch public transport.

Living alone and on a limited income, he would likely have been unable to attend various medical appointments.

It was also pointed-out that his use of cannabis was to alleviate pain, rather than any recreational purpose or conscious desire to flout the law.

The Magistrate quite properly suggested that he find a legal form of pain relief.

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