Criminal lawyers for drug driving cases can help you protect your rights during the entire criminal law procedure. The New South Wales (NSW) government does not tolerate driving under the influence of drugs. This prevents drivers from consuming narcotics and then going behind the wheel, endangering both themselves and other people.
In a 2024 article by Andatech, almost 800 NSW drivers were caught drink/drug driving on Australia day. An operation by NSW police that targeted drink drivers and drug drivers on Australia Day.
The operation resulted in over 4,400 total offences detected, including speeding, drink driving, and drug driving. There were also 302 major crashes causing injury and death.
Read on to learn more about how Sydney criminal lawyers can help in various criminal offence matters.
NSW Drug Driving Laws
NSW drug driving laws have tight penalties for driving while intoxicated and under the influence of drugs. Penalties for driving while intoxicated or under the influence of drugs are harsher when combined.
These sanctions make it very evident that it is not acceptable to combine illegal drugs and alcohol before getting behind the wheel on our roads. Four popular illegal drugs are detected by mobile drug testing (MDT):
- cocaine,
- methamphetamine (including ice and speed),
- cannabis, and
- ecstasy.
In addition to random breath testing (RBT), MDT can be carried out at roadside operations or by NSW Police while they are on patrol.
Even though you feel safe enough to drive, an MDT might still find evidence of illegal substances in your saliva for a considerable amount of time following drug use. The type of substance, amount consumed, frequency of usage, and other individual-variable factors all affect the detection period.
However, drug testing procedures (both roadside and laboratory) can be prone to errors or misinterpretation. The best criminal lawyers can help you scrutinise the results because they have the capacity to closely examine the procedure and contest the validity or consistency of the test findings.
NSW Drug Driving Case
In a 2023 article from The Guardian, Catie McLeod reports that law experts have contended that a district court ruling in New South Wales will almost eliminate the ability of anyone accused of drug driving to defend themselves in any given situation.
The case, which featured a Sydney man who lost his licence after testing positive for cocaine at a roadside drug test, was decided on July 26. The man appealed his conviction from the NSW local court to the district court, which dismissed it.
Because of worries that the lower court’s ruling will alter the threshold of culpability for drug-related driving offences, the man’s attorneys are now considering filing a second appeal with the supreme court.
If you have questions regarding drug driving court decisions, don’t hesitate to reach out to criminal lawyers in NSW.
NSW Prohibited Drugs and Their Penalties
Remember that a substance’s presence in your system does not always indicate impairment. To create a reasonable doubt, a specialist criminal law firm or an accredited criminal law specialist may look into things like medication use, medical issues, or passive exposure.
Drug Driving Vehicle Sanctions
If a driver has a history of high-risk DUIs or drug driving offences, police may impose a vehicle sanction. This implies that police have the right to seize your car or licence plates if you have been convicted of drunk driving or using drugs within the last five years and you are discovered doing the same offences.
What are these vehicle sanctions and what are the consequences? You may refer to the table below:
However, a criminal defence lawyer can work through this. They can negotiate with the prosecution to lessen or completely waive vehicle penalties. This could entail presenting mitigating factors in your case, asking for reduced criminal charges, or enrolling you in traffic school programs.
How To Appeal Your Vehicle Sanction?
In the event that your vehicle has been sanctioned, you have the option to petition the court to have your car or licence plates returned before the time of confiscation expires.
Particularly, you have to prove to the judge that you have a good justification for needing the car. The court will take into account whether it is plausible that either:
- The car will either be utilized to perpetrate a major traffic violation once more, or
- Someone (not the registered owner) will suffer greatly as a result of its seizure.
However, note that the car or its licence plates cannot be released by the court before five working days following sanction. The best criminal lawyer can help you:
- Review the case or vehicle sanction.
- Prepare your appeal.
- Represent you during the appeal hearing.
Moreover, criminal lawyers for drug driving offences will carefully examine the original court decision, the imposed vehicle sanction, and all associated evidence. Criminal law firms will identify potential grounds for appeal, which might include:
- Errors of law made by the court
- The severity of the sanction being disproportionate to the offence
- New evidence surfacing that may change the outcome of the case
- Procedural irregularities during the initial court process
Our Leading Criminal Law Firm Criminal for DUI Offences
A drug driving conviction on your record may have long-term effects on your reputation, career, and educational opportunities. That is why a reputable criminal law firm can help in your traffic offences or criminal offences. Criminal lawyers from JB Solicitors will help you protect your rights or mitigate the charges, if convicted.
Contact us today and schedule a consultation with our experienced criminal defence lawyers today.
