DRUG DRIVING

What is drug driving?

Drug driving charges are the result of driving with the presence of a prescribed illicit drug in your oral fluid, blood or urine or driving or attempting to drive under the influence of alcohol or any other drug. The first offence only requires you to have the drug in your system at the time of testing, whereas the second offence requires you to be physical affected by that drug. It is treated just as seriously if not more so, than drink driving. Drug driving is an offence because consuming drugs can cause significant impairment of your judgment and concentration jeopardising the road safety of others. In 2015, 1 in 13 roadside drug tests conducted by Police returned a positive result. There is currently no way to measure and determine an acceptable concentration of drugs in the same way an acceptable concentration of alcohol has been established. Unlike alcohol, drugs can last many days in your system and just like alcohol, everybody reacts differently to drugs. If you have returned a positive drug test simply because you have an illicit drug in your oral fluid, blood or urine, and it is your first offence, you will be issued with an infringement notice and suspended from driving for 3 months. You will not be required to attend court unless you elect to appeal it. If you elect to appeal it, you will be issued with a Court Attendance Notice stating the day, time and location for your matter. Your appeal will be heard in the Local Court. The courts review your traffic history in 5 year periods. If you have not had a major traffic offence in the previous 5 years, your matter will be treated as a first offence. If you have had a major traffic offence in the previous 5 years, your matter will be treated as a second or subsequent offence. If you appeal your infringement notice and suspension, and you are convicted by the court, you risk getting a heavier sentence as set out below. You also risk having your suspension period upgraded to a 6 months licence disqualification. If the court convicts you of a drug driving offence, your licence suspension becomes a licence disqualification period. If you are in a car accident while under the influence of drugs and it results in the death or grievous bodily harm of another person, you may be convicted under the criminal law and imprisoned for 10 to 14 years.

What does the prosecution need to prove?

Traffic offences are strict liability offences. That means the prosecution only needs to prove that you had the illicit substance in your oral fluid, blood or urine at the time the test was conducted or that you were under the influence of alcohol or any other drug at the time. It does not need to prove you had an intention to commit an offence. If you had morphine in your blood or urine at the time of the test, it is up to you to prove that it was for medical purposes. The prosecution also has to prove the offence beyond a reasonable doubt. If you plead guilty to the offence, the prosecution does not need to prove anything as your matter will go straight to sentencing. You may be entitled to a 25% reduction in your sentence. However, you should not plead guilty until you have received legal advice so that you can make an informed decision.