Drug driving is contained within section 111 of the Road Transport Act 2013 (NSW), and states that a person must not drive a vehicle, occupy the driver’s seat, attempt to put the vehicle in motion, or instruct a learner driver with
Roadside drug tests have become more prominent across the state and are targeted to detect cannabis, ecstasy (MDMA), cocaine, and methamphetamines. If drugs are detected in your saliva, you will be required to provide further samples in blood and/or urine.
What are the Penalties?
The below table sets out the various penalties for this type of offending:
Range | BAC | Maximum Fine
| Automatic Disqualification Period | Maximum Period of Imprisonment |
Drugs Detected | N/A | $2,200 $3,300 | 6 Months 12 Months* | 18 Months 2 Years |
*second or subsequent offence
The Court may consider sentencing you to one or more of the following:
Section 10 Bond
There are three types of section 10 penalties, including:
A section 10(1)(a) bond is a finding of guilt, but the Court does not record a conviction. A bond such as this is usually only given where you have a clear criminal and/or driving record, your offending behaviour is minor, there is little chance of you offending again, and there were mitigating factors that led to the offending. Even if these facts apply to your case, there is no guarantee you will get this type of penalty. However, cogent subjective material and robust submissions on your behalf can be very persuasive to the Court.
A section 10(1)(c) bond involves a finding of guilt, a conviction is recorded, and you can be referred to an intervention program.
A section 10A penalty involves a finding of guilt and a conviction is recorded, but no further action is taken.
CRO
A CRO is a sentence which allows you to remain in the community, but you are supervised by Community Corrections. The Court can decide whether or not to record a conviction. The maximum term of the CRO is two years and may involve conditions such as to be not consume alcohol for the period of the bond. If you breach a CRO, you will be brought before the Magistrate that sentenced you and potentially be re-sentenced to a more serious penalty.
CCO
A CCO is another type of sentence which allows you to remain in the community, but you are supervised by Community Corrections. It typically involves more onerous conditions than a CRO and you will receive a conviction. If you breach a CCO, you will be brought before the Magistrate that sentenced you and potentially be re-sentenced to a more serious penalty.
ICO
If the Court is satisfied that imprisonment is warranted, it can order that you serve the term of imprisonment in the community while subject to the supervision of Community Corrections and conditions such as community service, curfew, or rehabilitation. If you breach an ICO, the Parole Board will determine whether to order you serve the remainder of the period in full-time custody. This is because an ICO is a sentence of imprisonment ordered to be served in the community.
Imprisonment
This offence carries maximum penalty of 18 months or 2 years imprisonment, depending on the factual circumstances of the offending. However, full-time imprisonment is only reserved for the most serious matters.
What are the Defences?
The following are the legal defences for driving under the influence of drugs in NSW:
It is important to note that the burden of proof lies with the Prosecution to prove that the accused is guilty of the offence beyond a reasonable doubt. If the accused raises a defence that casts a reasonable doubt on their guilt, then the accused must be acquitted.
Why Jackson John?
Our team of expert traffic lawyers will ensure you receive robust representation to achieve the best result possible. Contact us today to have your free 15-minutes initial consultation.
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© 2024 JACKSON JOHN DEFENCE LAWYERS – Privacy Policy
Liability limited by a scheme approved under Professional Standards Legislation.
In the spirit of reconciliation, Jackson John Defence Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.