What's happening?
Drug driving charges in NSW commonly arise from roadside mobile drug testing or from a driver being tested following an accident or other interaction with police. Unlike drink driving, presence-based drug driving offences generally do not depend on a level of impairment, but instead on the detection of certain drugs in a driver's system, which can remain detectable for some time after use.
Separately, a driver can also be charged with an impairment-based offence where police form the view that a driver is under the influence of a drug to the extent that they cannot have proper control of the vehicle, which involves different evidence to a simple presence-based charge.
Because these are two distinct types of charges with different elements, understanding exactly what has been alleged in your matter, and what evidence supports it, is an important first step.
What could it mean for me?
- A drug driving conviction generally results in licence disqualification and a fine.
- Presence-based offences can apply even where a driver is not actually impaired at the time of driving.
- An impairment-based drug driving charge is generally treated more seriously than a simple presence offence.
- A conviction can affect employment where a driving record or licence is relevant to your role.
- Repeat drug driving offences or a combination with other traffic matters can lead to more serious outcomes.
What are my options?
- Contesting the charge where there is a genuine issue with the testing procedure or chain of custody.
- Pleading guilty and presenting mitigation material relevant to your circumstances.
- Seeking advice on whether a presence-based or impairment-based charge has actually been made out on the evidence.
- Engaging with relevant education or support programs where appropriate.
- Clarifying your options where the charge follows an accident or other more complex incident.
What happens next?
- Review your Court Attendance Notice carefully to understand exactly what has been charged.
- Get advice before your first court date about the evidence and testing procedure involved.
- Gather any relevant information about medication or substances that may be relevant to your matter.
- Consider the effect of any disqualification period on your work and daily responsibilities.
- Attend court as required and work through your options with your lawyer.
How can MGE Lawyers help?
We advise clients on the important difference between presence-based and impairment-based drug driving charges, and what that difference means for the evidence involved and possible outcomes. We look closely at testing procedures and documentation where a charge may be open to challenge.
Where a guilty plea is the appropriate course, we prepare clear submissions tailored to your circumstances, aiming to achieve the best available outcome while being upfront about what a court is likely to consider.