Drive with illicit substance in system (drug driving) lawyers

Drive with illicit substance in system (drug driving) lawyers

We are expert traffic lawyers who assist clients charged with driving with an illicit substance in their system to avoid criminal records and keep their driver’s licence. For driving with illicit substance in your system (drug driving) offences:

• You will be charged a fixed fee of $2,200.
• Be represented by a law firm with 500+ five-star Google reviews, which you can read here.
• Be represented by a traffic lawyer with at least 5 years of experience as a traffic lawyer.
• Be represented by a law firm co-founded by one of the best drug lawyers in Sydney, Joseph Correy.
• Be represented by a law firm co-founded by Deng Adut, who has won awards such as NSW Australian of the Year, the Law Society President’s Medal, the Pride of Australia Medal, and the Human Rights Award.
• Support our Community Partnership initiative.

If you have been charged with a drug driving offence, phone us on (02) 8815 8167 or make a website enquiry.

Driving with an illicit substance or drug in your system charge and what this means:

Drug driving with an illicit substance or drug in your system is what it sounds like. It is driving while having an illicit substance or drug in your system that is tested and detected as part of Roadside drug tests. The drugs that are tested for as part of roadside drug tests in NSW are MDMA, THC (the active ingredient in cannabis or marijuana), cocaine, and methamphetamine (including speed and ice). Roadside drug tests do not need to determine how much of the drug is in your system or if your driving ability is impaired. It is enough to have the drug in your system at all. For example, if you had a joint three days earlier and tested positive for cannabis, you will still be guilty.

Will I get a criminal record and lose my driver’s licence for drug driving?

If you are found or plead guilty to drug driving, you will have the offence included on your criminal record and lose your driver’s licence unless the court deals with your case by way of section 10, in which case you will have no criminal record and will not lose your driver’s licence.

Australian Criminal Law Group are expert criminal lawyers at getting clients section 10s for driving with illicit substance in system offences, meaning our clients have no criminal record and do not lose their driver’s licence.

How do I avoid a criminal record?

Our criminal lawyers will assist you in preparing your sentence for possessing prohibited drug offences, including:

• Directing you to the Traffic Offenders Intervention Program.
• Assisting you with references and an apology letter.
• Obtaining psychological and psychiatric reports.
• Directing you to other services, such as drug and alcohol programs, counsellors, psychologists, and psychiatrists.
• Referring you to programs and courses that the courts hold in high regard, like MERIT, SMART Recovery, and the Salvation Army’s Positive Lifestyles Program.
• Helping you collate corroborating documents that show the effect a conviction will have on you such as employment contracts and travel documents.
• Submitting applications for residential rehabilitation services.

Drug driving – Infringement

It is possible that the police give you a traffic infringement (like a speeding fine), rather than a court attendance notice, for Driving with an illicit substance in your system. Like any infringement notice, you can elect to go to court or pay the fine.

If you do not elect to go to court, upon payment of the fine, you will later receive a three-month suspension notice from Transport for New South Wales. From the date of the letter, you will have 28 days to lodge an appeal of the suspension with the Local Court. You can continue driving after you have lodged your appeal and at least until the day of your appeal in court. If your appeal is successful, then the court can set aside the suspension or reduce its length.

The advantage of choosing this method in response to the infringement is that even if the appeal is unsuccessful, you will not have a criminal record.

First Drug driving offence at court

If it is your first drug driving offence, the police will deal with your case in one of two ways.

If you challenge the infringement in court (as opposed to the suspension) or the police give you a court attendance notice, the Driving with an illicit substance in your system will most likely proceed to sentence in the Local Court. Penalties include criminal convictions, fines of up to $2,200, and licence disqualification of up to 6 months. In this circumstance, your traffic lawyer can argue for a section 10 in court, so you receive no criminal conviction, no fine, and no licence disqualification.

Second or subsequent Drug driving offence at court

For a second or subsequent drug driving offence, you will very likely receive a court attendance notice requiring you to go to court, where the police will prosecute you. Penalties include criminal convictions, fines of up to $3300, and licence disqualification of up to 12 months. In this circumstance, your traffic lawyer can argue for a section 10 in court, so you receive no criminal conviction, no fine, and no licence disqualification.

CONTACT A CRIMINAL LAWYER TODAY

Call us on 8815 8167 or make a website enquiry for a free first consultation via phone, video, or at one of our offices in Sydney, Parramatta, or Blacktown.

This information is intended as a general guide to law only.  It should not be relied on as legal advice, and it is recommended that you speak with a qualified lawyer about your situation. Australian Criminal Law Group and its suppliers make every reasonable effort to ensure the accuracy and validity of the information provided on its web pages. At the time of updating, this information was correct, however, given the laws in NSW and Australia are continually changing, the Australian Criminal Law Group makes no warranties or representations as to its accuracy.