At George Sten & Co Criminal Lawyers, we have 50 years experience advocating for our clients in the criminal justice system. Our drug driving lawyers are highly skilled in the area of criminal law. They will use their knowledge and experience to provide you with the most accurate and helpful legal advice. If you have been charged with a drug driving charge, then you should contact our expert legal team as soon as possible. You can contact us on (02) 9261 8640 or email email@example.com during business hours. If your matter is urgent and you need out of hours legal assistance, call us now on our urgent contact number: 0412 423 569.
The two most common drug related charges that occur in New South Wales are as follows. The first comes under section 112 of the Road Transport Act 2013 (NSW) and is using or attempting use of a vehicle under the influence of alcohol or any other drug. The second most common offence comes under section 111 of the same act. This offence is driving with an illicit drug present in her oral fluid, blood or urine.
Types of drugs people are caught with
You should be aware of the fact that some drugs remain in your system long after you first use them.
Other than alcohol, the most common drugs found in the systems of drivers convicted of drug driving offences are:
- Analgesics such as opiates and cocaine,
- Methamphetamines such as ice, speed and ecstasy,
- Depressants such as benzodiazepines; and
- Hallucinogenic drugs.
Drug Driving Hot Spots
According to reports by ABC News based on recently released freedom of information documents, the hot spots postcodes where people are most commonly charged with drug driving offences include:
- 2580- Goulburn, Mount Fairy and Taralga;
- 2324- Raymond Terrace and Karuah
- 2304- Mayfield and Sandgate
- 2303- Hamilton
- 2450 – Coffs Harbour
Road Transport Act 2013 (NSW)- Section 111
Section 111 of the Road Transport Act 2013 (NSW) addresses the presence of an illicit drug in oral fluid, blood or urine. This section outlines this offence and prohibits the presence of prescribed illicit drug in a person’s oral fluid, blood or urine if they are driving a motor vehicle, occupying the driving seating of a motor vehicle and attempting to put it in motion or occupying the seat next to a learner driver. If you are charged with this offence for the first time, you will be liable for 10 penalty units. Any subsequent offence will be liable for 20 penalty units. You will also face drivers license disqualification.
It is also an offence to drive, attempt to drive or supervise a learner driver with morphine or cocaine in your system. This is also punishable by 10 penalty units for a first offence and up to 20 penalty units for each subsequent offence. As per section 17 of the Crimes (Sentencing Procedure) Act 1999 (NSW), a penalty unit equates to $110.
A potential defence to the presence of morphine in your blood or urine is proving to the court that at the time the morphine was found in your system, it was being consumed for medicinal purposes. In order to prove that it has been consumed for medicinal purposes, you will need to show that the drug containing the morphine was prescribed by a medical practitioner and taken according to the medical practitioner’s instructions or that it is a codeine-based drug purchased from a pharmacy and taken in accordance with the manufacturer’s instructions. If you have been charged with a section 111 and think that the above defence may apply to you, please contact one of our expert solicitors as soon as possible.
Road Transport Act 2013 (NSW)- Section 112
Section 112 of the Roads Transport Act 2013 (NSW) states that it is an offence that attempted use of a vehicle under the influence of alcohol or any other drug. This offence arises if while under the influence of a drug, you:
- drive a motor vehicle; or
- sit in the drivers seat and attempt to set the vehicle into motion; or
- sit beside a learner driver who is driving the vehicle.
If it your first offence and it relates to a) or b) above, then you can be penalised up to 20 penalty units of $2200 or 9 months imprisonment or both. If it is a subsequent offence relating to a) and b), then you can be penalised up to 30 penalty units or $3300 or 12 months imprisonment or both. If it is an offence relating to c), then the maximum punishment is 20 penalty units.
What to do if you have been charged with a drug driving offence
If you are charged with an offence under section 111 or 112 of the Roads Transport Act 2013 (NSW), then you should act fast and contact us now. The fines for such offences can reach $3300 and in some circumstances you may even been jailed. When a charge is a threat to one of your core human rights, being freedom, then seeking professional legal advice can mean the make or break of your future. The criminal lawyers at George Sten & Co Criminal Lawyers are experts in drug driving charges.
Our firm focuses solely on criminal law so our drug driving lawyers see cases like yours on a daily basis. They have the knowledge and experience required to give you the best chance of success. Not only are we experts in criminal law, but we are passionate about advocating for our clients too. So, if you have found yourself in a situation where you have been charged, or think that you may be charged with a drug driving offence, contact us now. Call us on (02)9261 8640 or email firstname.lastname@example.org during business hours. If your matter is urgent and you need out of hours legal assistance, call us now on our urgent contact number: 0412 423 569.