The Police in NSW have the power to pull you over and ask you to participate in a Random Drug Test.
The Police will ask the driver to lick a test pad. If this test is positive the Police then arrest the driver and undertake a further oral fluid test. This requires the driver to provide a sample of their mouth fluid.
The Police will suspend the driver’s licence for between 24-48 hours. The oral fluid sample is sent away for testing.
If the driver’s oral fluid is returned to Police with a positive reading for drugs the Police will then issue a Court attendance notice for the offence of Drug Driving.
Penalty
The penalty for this offence upon conviction are as follows:
- A fine of up to $1100; and
- An automatic disqualification period of 6 months with a minimum period of 3 months.
You can avoid a fine, and losing your licence, if you can persuade the Court to not record a conviction against you. This is otherwise known as a section 10.
Drugs
The test will detect a number of drugs the most commonly used are as follows:
- Delta-9-tetrahydrocannabinol (also known as THC – Cannabis),
- Methylamphetamine (also known as Speed),
- 3-4 Methylenedioxymethylamphetamine (also known as Ecstasy),
- Morphine, and
- Cocaine.
If it is morphine that is detected in your system and it was for medicinal purposes you may have a defence.
The Courts view this offence as serious because not only is driving with drugs in your system dangerous to both yourself, any passengers and the community but you are also feeding the drug industry by the purchase of illegal drugs.
Benjamin & Leonardo Criminal Defence Lawyers have years of experience in Drug Driving Offences. To obtain the best result you need an experienced Traffic Lawyer who has the time to provide you with honest and realistic advice together with careful preparation of your case.
Contact Benjamin & Leonardo Criminal Defence Lawyers to see whether we can help you keep your licence.
