If you have driven while there is present in your oral fluid, blood or urine any illicit drug then you may be charged with drive vehicle with illicit drug present in blood. An example of this is if you have cocaine and driven whilst the drug is still in your system. Common drugs that may be found in the system of convicted drivers are cocaine, cannabis, methamphetamine, ecstasy, speed or ice, hallucinogenic drugs or depressants. The police will provide a medical report to the Court that suggests that there was present in your blood an illicit drug.

Section 111 of the Road Transport Act 2013 (NSW) states a person must not, while there is present in the person’s oral fluid, blood or urine any prescribed illicit drug, drive a motor vehicle, or occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or if the person is the holder of an applicable driver licence occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the charge drive with illicit drug present in blood then you agree with what the police have alleged. An early plea of guilty in court (if elected) entitles you to a 25% discount on sentence.

As of 20 May 2019, NSW Police Officers are able to issue either an infringement notice or a court attendance notice for the offence. If you receive an infringement notice (sum of $587), you will also receive a notice of suspension from the RMS suspending your licence for a period of three months.
If you receive a Court Attendance Notice or wish to elect the matter to court, then a maximum penalty for a first time offender is 20 penalty units and an automatic disqualification period of 6 months. The Court can reduce this period to the minimum disqualification period of 3 months. A second and subsequent offender’s maximum penalty is 30 penalty units and an automatic disqualification period of 12 months, the Court can reduce this period to the minimum disqualification period of 6 months.

It is definitely worth getting in touch with one of our experienced lawyers at the earliest so they can try their best to negotiate the police facts of the charge and the charge itself.

It is common for experienced lawyers to try and negotiate the facts that the judge will read when sentencing you. The facts the judge reads will give the judge an understanding of what sentence you should receive. Our experienced lawyers work hard to try and negotiate the facts or try to have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.

Pleading Not Guilty

If you disagree with the charge drive with illicit drug present in blood, then you may enter a plea of not guilty.

To be found guilty the police must prove beyond a reasonable doubt that;

-You were driving on a road or occupying the driver’s seat of a vehicle and

-Attempting to put it ‘in motion’, or occupied the passenger seat next to a learner driver who was driving, and

-You had a prescribed illicit drug present, or a combination of prescribed drugs present, in your oral fluid, blood or urine.

If any of these elements cannot be proven beyond reasonable doubt then you will be found not guilty.
Police determine whether you have drugs in your system by conducting what is known as a drug test. These drug tests are conducted through obtaining a sample of your saliva (lick test), or if you are involved in a car collision then you may be asked for a sample of your blood or urine to determine if any drugs are in your system, if so which drug. This test and its results will be included in your Court Attendance Notice if you have been issued with one, the results will also be shared with the Court.
Defences that can be used in break and enter charges are:

• Duress- your actions taken need to be reasonable in that your conduct was to avoid serious death or injury.

The burden of proof is on the prosecution to prove beyond a reasonable doubt that you were driving on a road with drugs in your system.
If the prosecution fails to prove these elements, then you will be found not guilty.