Drug Lawyers In Sydney & Parramatta

You will be charged with drive under the influence of drugs if you are found:

  1. Driving on a road or road related area;
  2. Under the influence of a drug (whether it is prohibited or not).

The police will provide a medical report that suggests that the amount of drug detected in your system would have likely impaired your driving ability.

What are the penalties for Drive under the influence of drugs?

For a first offence, the maximum penalty is 9 months imprisonment and/or a fine of $2,200. The automatic period of disqualification is 12 months, with a minimum of 6 months. For a second or subsequent offence, the maximum penalty is 12 months imprisonment and/or $3,300 fine. The automatic period of disqualification is 3 years, with a minimum of 12 months. Upon conviction, the disqualification periods will apply, unless the court decides to deal with your matter pursuant to section 10 of the Crimes (Sentencing Procedure) Act. To find out more about a section 10, click here.

Generally, penalties that a court can impose for any criminal offence in NSW are:

Penalties for driving under the influence of drug or alcohol and driving with the presence of a drug 

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Case Study - Driving Under the Influence of Cannabis – Drug did not impair driving
Our client was charged with driving under the influence of drugs (cannabis).
The police Facts Sheet stated that our client smoked cannabis at 5:30 am then drove at 12 pm of the same day.

Whilst driving, our client had an accident in which he sustained injuries. Upon being stopped by police our client was breath tested and returned a reading of 0.00. He was conveyed to hospital for his injuries and was observed by police having blood shot eyes and being ‘dazed, drowsy, and with slow speech’.

This prompted police to question our client about his cannabis use, to which he admitted to having used that morning.
A blood test revealed our client had present delta-9-THC less than 0.005mg per letre of blood and delta 9-THC- acid 0.026 mg per letre of blood.

Our solicitors obtained expert evidence from a psychologist that found the level of cannabis in our client’s blood could not have impaired our clients driving ability. In light of this evidence, we advised our client to plead not guilty and take the matter to hearing.

At the Downing Centre Local Court hearing before Magistrate Gilmour, the prosecution submitted expert evidence that our client was influenced by THC to the extent that his ability to drive was affected. Our solicitor submitted our psychologists report giving evidence contrary to the prosecution. The conflicting expert evidence was enough to cast reasonable doubt over the issue.

Her Honour found our client not guilty. An excellent result achieved by our dedicated solicitors.

Case Study - Cannabis in system, client escapes conviction
Our client instructed our firm that a disqualification would have a detrimental effect on her family life, particularly on her child who was required to attend regularly medical treatment.

The matter proceeded before Magistrate Swaine at Fairfield. Our solicitor argued that our client had smoked cannabis a number of days prior to the offence and was not aware that cannabis can last in the blood for up to six weeks. Furthermore medical evidence was presented regarding our clients need to drive her child to medical appointments.

It was further argued our client’s good character and remorse would enable the court to be lenient on this occasion and not record a conviction

The court agreed and placed our client a bond pursuant to Section 10. No conviction meant no penalty or disqualification.

Case Study - Section 10 bond for having cannabis in system
Our client was charged with driving with a illicit drug in her blood. This is a serious charge which carries a 6 months disqualification upon conviction. Furthermore our client was on her provisional licence and had her child in the vehicle at the time of the offence.

Our client instructed our firm that a disqualification would have a detrimental effect on her family life, particularly on her child who was required to attend regularly medical treatment.

The matter proceeded before Magistrate Swaine at Fairfield. Our solicitor argued that our client had smoked cannabis a number of days prior to the offence and was not aware that cannabis can last in the blood for up to six weeks.

Furthermore medical evidence was presented regarding our clients need to drive her child to medical appointments. It was further argued our clients good character and remorse would enable the court to be lenient on this occasion and not record a conviction

The court agreed and placed our client a bond pursuant to Section 10. No conviction meant no penalty or disqualification.

Case Study -Drive whilst under the influence of drugs, namely cannabis. Section 10.
Our client appeared at Downing Centre Local Court charged with driving whilst under the influence of a prohibited drug. He came before the Court as a young man with a terrible traffic record, having been suspended 9 times in the short time he held a licence and having 13 speeding fines on his record.

Our client had a special need for a licence and showed he could change his ways having committed no offences since his last suspension other than the offence which brought him before the Court and having completed the traffic offender Program.

Our solicitors managed to negotiate the facts with the Police and with a well prepared case was sentenced to a good behaviour bond with no conviction and no disqualification for a period of twelve months.