What is Drug Driving
Drug Driving involves a person being caught driving a vehicle on a public road with illicit drugs present in the person’s oral fluid, blood or urine at the time of testing. It is a charge which has different requirements to those of Drink Driving, as there is no requirement to prove the level of intoxication or the extent of the effect of the drug on the individual’s own body. It is simply sufficient to show that there were was a drug present in the system at that time.
The ‘lick test’ and the Drug
Police can test for a number of different drugs when they conduct a Random Drug Test and they can include:
Crystal methylamphetamine or Ice
It is important to note that Cannabis can remain in the human body system for many days after its use and can be detected in a random oral or urine test.
Drug Driving & The Law
Drug Driving is covered under Section 111 of the Road Transport Act 2013.
Going to Court – “What am I looking at?”
This offence is a ‘fine only’ offence, which essentially means that there is no penalty of imprisonment.
However, if this is a first time offence, there is a maximum fine of $1,100 and a 6 months driver licence disqualification, which can often be reduced to the minimum of 3 months.
If this is a second or subsequent offence, there is a maximum fine of $2,200 and a 12 month driver licence disqualification, with a minimum of 6 months.
If a person has refused to undergo a roadside test, they can be fined up $1,100 and will also have to accompany Police to the Police truck where a sample of their oral fluid will be taken. If the oral fluid sample test is refused while in the Police truck, the individual can face a fine of up to $3,300 with a minimum licence disqualification of 6 months.
If the person has attempted to provide a sample of the oral fluid, but has failed to do so for various reasons, the Police will request a blood sample. The person will be taken to hospital to have the blood sample taken and a State Analytical Laboratory will carry out further testing. A refusal to provide a blood sample at this stage can result in a fine of up to $3,300.
Lawyer Call – here to help..
While it may appear that the scientific nature of such drug testing and the instruments made available for Police, implies a firm guarantee for a conviction, seeking expert legal advice is always strongly recommended.
Police must follow a complete legal process in order to draw a sample of an individual’s blood or urine. Without strict adherence to such protocol, any results should, with the right arguments before a Magistrate, be deemed inadmissible and therefore thrown out.
There may also be other strong factors in one’s defence such as medicinal use, and the prescribed use of the drugs to treat a specific medical condition.
Finally, there could also simply be an honest and reasonable mistake for why drug was detected, in circumstances where the person simply did not know that they had consumed any drug.
Contact our experienced team of defence solicitors to obtain appropriate and honest legal advice regarding the prospects of defending this charge.
After careful analysis of each matter and direct conferencing with one of our traffic law experts, it may well be determined that a plea of guilty is more appropriate in the circumstances. With extensive background and preparation in plea making, our lawyers will gather and assess any potential specific medical and supporting documentation to assist your case and make relevant sentencing submissions addressing the early plea of guilty, the circumstances of the offence, as well as any subjective factors that will present an overall picture to achieve the best possible outcome before a Magistrate and obtain a more lenient sentence and a reduced period off the road.
Contact Lawyer Call on 1300 LAW 111 today for a case assessment of your Drug Driving Matter