Criminal defence lawyers answer the question of how to beat a drug driving charge almost daily. This doesn't come as a surprise since losing your drug-driving Brisbane work licence can have a big effect. It could hurt your job and make it hard for you to meet your obligations.
In New South Wales, "driving while high" is two different crimes. The first is "driving with an illegal drug in your possession." The second is DUI, which stands for driving under the influence.
What is the crime of driving while high?
Section 111 of the Road Transport Act 2013 says that it is illegal to drive a car with a prescribed unlawful drug in your system (NSW).
What is a "drug that can't be bought legally"?
These are called "prescribed illegal drugs":
● Ecstasy (methylamphetamine)
● Speed (3,4-methylenedioxymethamphetamine)
● THC (delta-9-tetrahydrocannabinol)
● Cocaine
How to Fight a Charge of Drunk Driving?
You can beat a charge of drug driving Brisbane work licence driving if
The government can't prove every part of the crime. This could mean not being able to prove that:
1. The accused was driving the car or in charge of it;
2. The result of the drug test can be trusted; or
3. The police did things the right way, making it hard to believe the drug test result.
4. You successfully used "honest and reasonable mistake" as a legal defence;
5. If the police gave you a test while you were on your property, even in your driveway, the test wouldn't be accepted as proof.
6. The police gave you a test at least 2 hours after you drove a car. If this is true, then the test can't be used.
7. You broke the law because you were forced to.
8. Necessity: You had to do what you did. For example, if you were running away from an immediate threat.
A drink-driving lawyer in Brisbane with a lot of experience will be able to find any defences to drug driving early on and work with the police to get the case dropped. You can see a list of recent instances in which drug driving charges were dropped.
Charges for driving while high
Drugged driving can get you up to six months in jail and a $2,200 fine for a first offence. For a second or later offence, this goes up to a year in jail, a $3,300 fine, or both.
Consequences of a DUI
Driving under the influence can get you up to 18 months in jail, a $3300 fine, or both. This goes up to 2 years in prison, a $5500 fine, or both.
My licence was taken away by the police, what can I do?
If the police take away your licence right away for drugged driving, you can go to the Local Court to try to get it back. But you will have to show the Court that "exceptional circumstances" make it right to lift the suspension.
You have 28 days from when you were given a police suspension to apply to get it lifted.
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