Dedicated Drug Driving Lawyers
Drug driving carries serious penalties. Leeds Lawyers are here to ensure you achieve the optimal outcome with your legal matters. Learn more about our legal representation for drug driving cases below.
Experienced Support from the Principal Solicitor
We take comprehensive steps to persuade the Court not to impose a conviction and instead impose a Conditional Release Order, previously known as a Section 10 Bond. This means you may avoid a criminal record, disqualification and fines. Many years of experience means we understand the complex court process and concentrate on results-driven strategies. Contact us now for a free confidential case assessment on drug driving charges.
- We ensure that we exhaust all efforts to negotiate with the prosecution to have the charge withdrawn, plead to lesser charge with reduced penalties or significantly change the Police Facts Sheet to your advantage.
- We will provide you with thorough legal advice regarding the charge, any weaknesses of the prosecution case against you and your available defence. You may choose to contest the charge by pleading not guilty. If successful at the hearing, no penalty will apply and in some circumstances the Police may be required to pay your legal costs.
- If you agree to the elements of the offence but not the alleged Police Facts Sheet, you can proceed to a disputed facts hearing. Police Facts Sheets are often inaccurate or embellished and it is crucial that the facts are accurate in order to achieve an optimal result.
- If you are guilty of the offence and the facts are accurate, you may decide to plead guilty. We will assist you in preparing a strong subjective case supported by convincing evidence and persuasive submissions as to why the Court should not impose a conviction or exercise leniency.
Every NSW Police vehicle has the technology available to test drivers for the presence of drugs in their system using a roadside lick test. Section 111 of the Road Transport Act 2013 outlines that it is an offence to drive, occupy the driving seat and attempt to put a vehicle in motion, or supervise an L-plater, “while there is present in his or her oral fluid, blood or urine any prescribed illicit drug.” This may include a trace amount of the drug.
It is important to obtain legal advice regarding your charge before entering a plea as you may have a possible defence which can result in the charge being dismissed without penalty. This is a relatively new area of the law which is frequently being challenged by fresh cases before the Court.
As opposed to driving under the influence (DUI), to be found guilty of driving with an illicit drug present in your blood, the prosecution does not need to establish that you were affected by drugs when operating a motor vehicle.
The primary offences of drug driving in the state of NSW are as follows:
- Existence of certain drugs (other than alcohol) in oral fluid, blood or urine;
- Offence of driving under the influence of drugs;
- Rejection or failure to go through a drug test;
- Wilfully changing quantity of drug prior to submitting an oral fluid test;
- Failure to supply blood or urine sample by motorist or supervisor involved in a casualty;
- Failure to provide a blood or urine sample or change result outcome of drug in blood prior to screening.
Prohibited drugs are defined under the Drug Misuse and Trafficking Act 1985 (NSW) in addition to any other substance that is prescribed as a drug by regulation from time to time. The current technology is able to detect a trace of a number of illicit substances such as:
- Morphine.
- Cocaine.
- THC (delta-9- tetrahydrocannabinol) cannabis or marijuana.
- Methylamphetamine also known as ice or crystal meth.
- Methylenedioxymethamphetamine also known as Ecstasy or MDMA.
- Depressants such as benzodiazepines.
1st Drug Driving Offence within 5 years
| Maximum Fine | Maximum Jail | Automatic Disqualification | Minimum Disqualification | |
| Prescribed illicit drug in oral fluid/blood/urine | ||||
| First offence Second offence | $1,100 $2,200 | Nil Nil | 6 months 12 months | 3 months 6 months |
| Cocaine or Morphine in blood/urine: | ||||
| First offence Second offence | $1,100 $2,200 | Nil Nil | 6 months 12 months | 3 months 6 months |
| DUI (Driving under the influence) | ||||
| First offence Second offence | $2,200 $3,300 | 9 months 12 months | 12 months 3 years | 6 months 12 months |
| Refuse undergo oral fluid test | ||||
| First offence Second offence | $3,300 $5,500 | Nil 18 months | 3 years 5 years | 6 months 12 months |
| Refuse to supply blood sample | ||||
| First offence Second offence | $3,300 $5,500 | Nil 18 months | 3 years 5 years | 6 months 12 months |
| Alter amount of drug before oral fluid test | ||||
| First offence Second offence | $3,300 $5,500 | Nil Nil | 3 years 5 years | 6 months |
| Driver involved in fatal accident fail to supply blood/urine sample: | ||||
| First offence Second offence | $3,300 $5,500 | 18 months 2 years | 3 years 5 years | 6 months 12 months |
| Fail on demand to provide sample of blood/urine | ||||
| First offence Second offence | $3,300 $5,500 | 18 months 2 years | 3 years 5 years | 6 months 12 months |
As of 20 May 2019, NSW Police Officers will have the discretion to issue one of the following for the offence of driving with prescribed illicit drug in oral fluid/blood/urine:
- an infringement notice; or
- a court attendance notice.
If you have received an infringement notice, a Court election is only appropriate if you are not guilty or are seeking a Section 10 dismissal or Conditional Release Order without conviction. Securing either of these outcomes will avoid any monetary fine or disqualification period. It is essential that you obtain independent legal advice before making the decision to take the infringement to court as a non-conviction is only appropriate in certain circumstances. An unsuccessful Court election may result in a conviction being recorded on your criminal record which may have otherwise been avoided.
If you are successfully found not guilty, no penalty applies.
- Conditional Release Order (CRO) – A non-conviction without penalty which is usually accompanied with a condition to be of good behaviour for a period of time. If a CRO is breached, the offender may be resentenced on the prior offence and receive a harsher outcome.
- Fine – A criminal conviction with a monetary penalty.
- Community Corrections Order (CCO) – A criminal conviction with a bond to be of good behaviour and any other Order the Court deems fit which may including a Community Service work component.
- Intensive Corrections Order (ICO) – A custodial sentence which the offender serves in the community and is subject to the supervision of Probation & Parole. It may include a home detention or a Community Service Work component. Breaches of an ICO are dealt with very seriously and are determined by the State Parole Authority. An ICO is the penultimate step before a full time gaol sentence.
- Full Time Imprisonment – Incarceration in a prison away from the community with a set non parole period. This is the most severe penalty a court can impose.
Why Leeds Lawyers?
- You deal directly with our experienced Principal Solicitor from start to successful completion.
- We have built a reputation on achieving exceptional results.
- Each matter is our priority and we ensure that it is thoroughly prepared.
- You are kept informed every step of the way.
- We become personally invested in your case because we know how important it is to you and your loved ones.
- We offer fixed priced services for most criminal law matters.
- We have built working relationships with other solicitors and the Police which results in more effective negotiations.
Do I Need A Lawyer?
If you are worried about the consequences of a criminal conviction or a loss of license due to drug driving charges, it’s in your best interest to hire an experienced lawyer. Many individuals feel overwhelmed and out of their element with the complicated criminal process, which can negatively impact the result. Our principal solicitor, Mark Kryakos, will personally lead you through the complex process to ensure you reach an optimal outcome.
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