Drug Driving is an offence under section 111 of the Road Transport Act 2013. The maximum penalty if it is your first ‘Major Traffic Offence’ in 5 Years is:
- An ‘automatic’ licence disqualification of 6 Month which the magistrate can reduce to a ‘minimum’ of 3 months, and
- A fine of $1,100
The maximum penalty if it is your second or more ‘major traffic offence’ in 5 years is:
- An ‘automatic’ disqualification of 12 months which the magistrate can reduce to a minimum of 6 months, and
- A fine of $2,200
However, there will be no criminal conviction, disqualification or fine if the magistrate is persuaded to grant a Section 10(1)(A) Dismissal, or a Conditional Release Order Without a Conviction.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You drove a motor vehicle, or occupied the driver seat of a motor vehicle and attempted to put it in motion, or were a fully licensed driver and occupied the passenger seat while a learner driver was driving, and
- You had a prescribed Illicit substance in your saliva, blood or urine
There is no requirement that you were actually affected by the drug at the time of driving, which means the presence of a very small quantity is enough to substantiate the charge.
Illicit Substances include:
- Cannabis
- Amphetamines (such as ‘speed and ‘ecstacy’), and
- Cocaine
A defence to the charge is that you made an honest and reasonable mistake of fact about the presence of the drug in your system. If you wish to plead guilty you can maximise the chance of receiving a lenient outcome by:
- Obtaining character references
- Writing an apology letter, and
- Completing a Traffic Offender Program
If you require the services of a traffic defence team that specialises in representing clients for cases under the Road Transport Act, call Sydney Criminal Lawyers today on (02) 9261 8881 to arrange a consultation.
Our team is vastly experienced in advising and representing clients in traffic law cases, and will fight to ensure you achieve the optimal result in the circumstances.
We offer fixed fees for all traffic cases, and a free first conference for those who are going to court.
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