Since the commencement of random testing for illicit drugs in people's blood, which is similar to the testing for drink driving, the courts have been inundated with people charged with this offence. This offence, commonly referred to as drug driving, is now more common than drink driving.

The police drug testing equipment tests for cannabis, methylamphetamine (speed/ice) and ecstasy only.

The prevalence of the offence in the community has dictated that the courts place more weight on deterrence as part of the punishment process. This means that the courts will deliver harsher penalties to stop people from committing the offence again.

It is therefore essential - in order to have any chance of keeping your driver’s licence - for the matter to be prepared thoroughly, with a specific emphasis on ensuring that the character material is perfect. Please let us help you in this regard.

The maximum penalty for a Drive Illicit Drug offence is $1,100 and an automatic disqualification of 6 months, with a minimum disqualification of 3 months, assuming that there are no other major traffic offences within a 5 year period.

If there is another major traffic offence within the last 5 years, the penalties increase to $2,200 with an automatic disqualification of 12 months, and a minimum disqualification of 6 months.

YOUR NEXT STEPS WHEN YOU ARE ACCUSED OF A DRUG DRIVING OFFENCE IN NSW

Contact us. Early contact with your legal adviser is extremely important, so that you can start to take the right actions immediately, such as booking into a Driver's Education Program, seeing your General Practitioner or seeing a counsellor.
Gather Material. Although you are tested on the day, it may be months before you see any paperwork. The Police will send out in the mail the Court Attendance Notice ("CAN") and Police Fact Sheet and this may be first indication that you have, in fact, been charged. You should go through these documents with your solicitor as soon as possible after your receive them. You should also type a short version about what happened on the day in question and the lead up to what happened. Witness statements can also be obtained and you should obtain a copy of your Roads and Maritime ("RMS") Traffic Record.
Prepare. Your best chance in achieving the outcome that you want is to prepare your case properly. Let us help you.

If you have a question about the processes involved in arrest or charge, or attending court and what charges you face, or if you need help understanding what the police are saying to you, contact us by phone on 02 6921 3220 or make a website enquiry. We will get back to you promptly.

Principal Solicitor and Director, Zac Tankard, has been helping Riverina locals charged with criminal and traffic offences since 1998. There is no one better qualified to get behind you when you need it most.