DUI Offences
Unlike a DUI charge, the prosecution does not need to prove that you were actually under the influence of drugs at the time of driving - simply having drugs in your system is enough.
From May 20, 2019, police have the power to issue penalty notices with a total fine of $561 and impose a direct penalty of a three-month driver's licence suspension.
Facing charges can be stressful and unsettling, but you can trust our experienced defence team to ensure the best possible outcome for your case.
Drugged driving involves driving with traces of drugs in your system, such as THC (the active ingredient in marijuana), MDMA (contained in "ecstasy"), amphetamines (ice) or cocaine. Unlike a DUI charge, the prosecution does not need to prove that you were actually under the influence of drugs at the time of driving - simply having drugs in your system is enough.
Elements the Prosecution Must Prove
If the laboratory analysis returns a positive reading, a penalty notice will be issued.
The lab analysis is a secondary test that is performed after the initial roadside “lick test.”
Possible Defences
Potential Penalties
Plead guilty but hope to persuade the court to grant a Section 10 Dismissal or Conditional Discharge Order (not guilty) so that you are not fined or disqualified from your licence.
If you plead not guilty and the case is successfully dismissed, there will be no conviction recorded against your name and no penalties will be imposed. If you plead not guilty, it is important to prepare your case thoroughly to maximise the chances of a non-conviction order, as the court may still put a criminal record on your name if the order is not granted.
Legal Process
& Options
Pleading
Not Guilty
Pleading
Guilty
Plead guilty but hope to persuade the court to grant a Section 10 Dismissal or Conditional Discharge Order (not guilty) so that you are not fined or disqualified from your licence.
If you plead not guilty and the case is successfully dismissed, there will be no conviction recorded against your name and no penalties will be imposed. If you plead not guilty, it is important to prepare your case thoroughly to maximise the chances of a non-conviction order, as the court may still put a criminal record on your name if the order is not granted.
If the laboratory analysis returns a positive reading, a penalty notice will be issued.
The lab analysis is a secondary test that is performed after the initial roadside “lick test.”
Drugged driving involves driving with traces of drugs in your system, such as THC (the active ingredient in marijuana), MDMA (contained in "ecstasy"), amphetamines (ice) or cocaine. Unlike a DUI charge, the prosecution does not need to prove that you were actually under the influence of drugs at the time of driving - simply having drugs in your system is enough.
From May 20, 2019, police have the power to issue penalty notices with a total fine of $561 and impose a direct penalty of a three-month driver's licence suspension.
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