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Traffic Lawyers for Drug Driving / Drive With Presence of Illicit Substance

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Drug driving involves driving with an illicit substance in your system, such as THC (which is the active ingredient in cannabis), MDMA (which is contained in ‘ecstacy’ pills), amphetamines or cocaine.

It is different to a DUI (driving under the influence) charge as the prosecution is not required to prove that you actually were affected by the drugs at the time of driving– it is enough that you had simply had drugs in your system.

Since 20 May 2019, police have been given the power to issue a penalty notice (a fine) and impose a 3-month licence suspension upon those who drive with an illicit substance in their system, rather than send them to court.

A penalty notice will be issued if the laboratory analysis returns a positive reading.

A laboratory analysis is a secondary test which occurs after the initial roadside ‘lick test’.

The penalty notice can be appealed to the Local Court, on the basis that you are:

  • Not guilty of the offence, or
  • Guilty but wish to persuade the court to grant a ‘section 10 dismissal or conditional release order‘ (without a conviction), so that you do not receive a fine or a licence disqualification.

If you plead not guilty and the case is ultimately dismissed, there will be no conviction recorded against your name and no penalties.

If you plead guilty, it is important to prepare your case properly in order to maximise the prospects of a non-conviction order, because if such an order is not granted the court will issue penalties as explained below.

Your Options in Court

Pleading Not Guilty

To be found guilty of drug driving, the prosecution must prove beyond a reasonable doubt that:

  1. You drove a motor vehicle, or occupied the driver seat of a motor vehicle and attempted to put the vehicle in motion, or you were a full driver licence holder and occupied the passenger seat while a learner driver was driving, and
  2. An illicit drug was present in your oral fluid, blood or urine.

Mobile drug tests currently test for the following illicit drugs:

  • Active THC (found in cannabis)
  • Methylamphetamine (such as speed and ice)
  • 3, 4 methylenedioxymethylamphetamine (also known as MDMA or ecstasy, and
  • Cocaine.

There are a number of legal defences to drug driving charges, including:

  • Honest and reasonable mistake – which is where you genuinely did not know an illicit substance was in your system at the time of driving and your belief was reasonable taking into account all of the circumstances,
  • Necessity – which is where you drove to avoid imminent serious danger, and
  • Duress – which is where you drove because you or someone close to you was threatened or coerced into doing so, the threat was serious and ongoing and your actions were reasonable in the circumstances.

An experienced traffic defence lawyer will be able to advise you regarding whether the prosecution is likely to be able to establish the requirements of the offence beyond a reasonable doubt, as well as whether a legal defence may be available to you.

If there are issues with the prosecution case, your lawyer will be able to formally request the withdrawal of the charge or, if the prosecution refuses, fight for an acquittal in court; in other words, for a not guilty verdict.

Pleading Guilty

If you wish to plead guilty, the maximum penalties that apply for drug driving are as follows:

If it is your first ‘major traffic offence’ in the previous 5 years:

  1. An ‘automatic’ licence disqualification of 6 months which the magistrate can reduce to a ‘minimum’ of 3 months, and
  2. A fine of up to $2,200.

If it is your second or more ‘major traffic offence’ in the previous 5 years:

  1. An ‘automatic’ disqualification of 12 months which the magistrate can reduce to a minimum of 6 months, and
  2. A fine of up to $3,300.

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 maximise your prospects of avoiding a criminal record and licence disqualification, or receiving a more lenient penalty than you may otherwise have been given, it is a good idea to prepare character references and a letter of apology, and also consider undertaking a traffic offender program.

An experienced traffic lawyer will be able to guide and assist you, as well as those who are able to provide you with character references, in reviewing the documents to ensure they will be of the greatest assistance in court, in referring you to a program should you wish to undertake one, and of course thoroughly preparing and persuasively presenting your case in court.

Why Choose Sydney Criminal Lawyers®?

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.

Here are 12 reasons to choose our multi-award winning legal team:

  1. Proven Track Record of Exceptional Results

    Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

    Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.

    Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.

    We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

    Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

  2. Highest Level of Client Satisfaction

    We have the best and most comprehensive client review record of any law firm in Australia.

    Regular communication, accessibility and quality service are our team’s highest priorities.

    We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.

    We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.

  3. Australia’s Most Awarded Criminal Law Firm

    We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

    The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.

  4. Fixed Fees

    We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.

    We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.

    Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.

  5. Free First Appointment

    For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

    We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.

  6. Specialist Lawyer Guarantee

    We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

    This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.

  7. All NSW Courts

    From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

    And we offer fixed fees for most criminal and traffic law cases throughout the state.

  8. Accredited Specialists

    Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

    All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

    An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

    Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.

    Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.

  9. Results-Focused Law Firm

    Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.

    The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.

    Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.

    No budgets encourages regular consultation between lawyers within the firm – promoting an ‘open door’, team environment where lawyers bounce ideas off one another, formulate case strategy together and benefit from each other’s specialised experience, methods, techniques and insights.

    The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.

  10. Team of Lawyers Behind You

    Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.

    Our lawyers regularly consult one another to stay ‘ahead of the pack’ in the ever-changing field of criminal law – constantly devising, refining and implementing specialised techniques which ensure our clients achieve the best possible outcomes.

    A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.

    In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.

  11. Familiar with Magistrates and Judges

    Each of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.

    Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.

  12. Convenience

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.

    For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.

    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.

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