What Does Drugged Driving Mean?
Driving under the influence vs drug driving, often known as driving while having an illicit substance in your oral fluid or blood, are two distinct offences (DUI). The prosecution’s burden of proof in a DUI case is to show that you were genuinely impaired by drugs when you were operating a motor vehicle. However, even a minimal amount of the drugs in your system is sufficient for drug driving offences.
In the event that a roadside drug test reveals the presence of illegal narcotics in your system, police may prosecute you for drug driving. The test, which is performed by licking a saliva swab, can find the following:
- Cannabis.
- Ecstasy/MDMA.
- Cocaine.
- Methamphetamine (ice)
- Amphetamines (speed)
You will have to try again if you fail the initial lick test. If your test results are still positive, additional laboratory testing will be done. You won’t be able to drive for up to 24 hours during this process. You will be charged with driving while under the influence of illicit narcotics if the test reveals their presence.
What Are The Consequences Of Drugged Driving In NSW?
The severity of the penalties for drugged driving might vary and is heavily influenced by your prior convictions. The maximum penalty for a first-time drug driving offence, where traces of an illicit drug are discovered in urine, blood, or oral fluid, is $1,100, with a six-month immediate disqualification period. A second offence carries a $2,200 fine and a 12-month automatic suspension.
It’s vital to keep in mind that these are merely the maximum punishments and that the charges can be greatly lowered with the help of an accomplished drug attorney. Our attorneys frequently persuade the magistrate to reduce the disqualification periods or to impose none at all.
A “Conditional Release Order,” often known as a Section 10, offers the court the option of dropping the case. No criminal conviction, fine, or disqualification is recorded under Section 10, either.
Guilty
If you tested positive for drugs and were in control of a vehicle at the time the test was conducted, the police must establish beyond a reasonable doubt that you are guilty of driving while intoxicated.
It can be best to admit guilt to the charge if you agree with the accusations and the police can support them with evidence. If you do, the case will move on to sentencing, where you will be held accountable for a penalty in front of the court.
A guilty plea is frequently preferred in court since it shows that you are sorry for the illegal acts you took part in, even though it is true that the penalty you could receive could significantly restrict your lifestyle. As a result, it is customary for the court to impose less harsh punishments as opposed to a conviction. As a result of your guilty plea, the court may exercise its discretion to dismiss the case under section 10 without finding you guilty. On the opposite, if you submit a guilty plea and work with our Sydney traffic attorneys, the prosecution team may agree to a compromise with a significantly reduced sentence.
Not Accused
If you choose to do so, you may also choose to enter a not-guilty plea to the allegation of drugged driving. If this is the case, it is the prosecution’s responsibility to demonstrate beyond a reasonable doubt that you actually committed the crime. It is likely that you will be found guilty and sentenced to the punishments mentioned above if it can be successfully proven.
What Happens If I’m Accused of Drug Driving in New South Wales OR Sydney?
If someone was found to be operating a vehicle while having an illegal substance in their system, the police were empowered to issue a penalty notice and suspend their licence for three months. This is usually administered during the second test, which takes place after the roadside examination by the police, once a positive reading on a laboratory analysis is discovered.
You may, however, decide to take your penalty notice to the court for review.
Typically, this is done with the understanding that you either want to: To avoid having your licence suspended or having to pay a fine, you can enter a plea of not guilty or guilty while asking the court for indulgence because of your unique situation.
Lawyers For Drugged Driving In Sydney
It is crucial to consult with a skilled criminal attorney who is familiar with the court process and the variables that a judge may take into account when deciding your sentence in order to improve your chances of achieving a lenient verdict. You can get guidance on what steps to take to maximise your chances of achieving a lenient verdict from an experienced drug lawyer in NSW.
The drug-driving cases Platinum Lawyers Pty Ltd specialises in have produced innumerable outcomes in which our clients have been granted a Conditional Release Order. You may contact Platinum Lawyers Pty Ltd for a free consultation by calling (02) 8084 2764.
