DRUG DRIVING | DRIVING WITH ILLICIT DRUG | TRAFFIC LAWYERS SYDNEY
Drug driving
Section 111 Road Transport Act 2013 creates the offence of drive with certain drugs in oral fluid, blood or urine and 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.
- Maximum penalty--20 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence).
PRESCRIBED ILLICIT DRUG
Prescribed illicit drug means any of the following—
- delta-9-tetrahydrocannabinol (also known as THC),
- methylamphetamine (also known as speed),
- 3,4-methylenedioxymethylamphetamine (also known as ecstasy), and
- cocaine.
PRESENCE OF MORPHINE
A person must not, while there is present in the person’s blood or urine any morphine—
- rive 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.
- Maximum penalty--20 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence).
- If you return a positive reading on the roadside test, further laboratory tests will be conducted. If the laboratory test returns a positive reading for a prescribed illicit drug, then you may be issued with a Penalty notice or a Court attendance notice.
- Options
- Elect the Penalty notice for determination before a Court and either:
- Plead not guilty for drug driving and have the matter heard before the Court noting that the Prosecution do not need to prove that you were impaired by the presence of the prescribed illicit drug while driving but that you had a prescribed illicit drug in your in oral fluid, blood or urine.
- Plead guilty and seek leniency from the Court by convincing the Court to deal with the matter by way of a non-conviction.
- When the Courts consider dealing with the offender via a non-conviction, the Court look at:
- The person's character, antecedents, age, health and mental condition,
- The trivial nature of the offence,
- The extenuating circumstances in which the offence was committed,
- Any other matter that the court thinks proper to consider.
The above should not be treated as legal advice but general information.
For a free consultation with a Criminal Lawyer in Sydney, call AMA Legal on (02) 8610 3764.
