Drug Driving

Section 112(1) states:

• A person must not, while under the influence of alcohol or any other drug:
  1. Drive a motor vehicle; or
  2. Occupy the driving seat of a motor vehicle and attempt to put the vehicle in motion; or
  3. If the person is the holder of an applicable driver license (other than an applicable provisional licence or applicable learner licence) occupy the seat in or on a motor vehicle next to a learner driver who is driving the vehicle.

Some useful definitions for this offence include:

1. Drive – as defined in section 4 of the Act means the following:
   1. Be in control of the steering, movement or propulsion of a vehicle; and
   2. In relation to a trailer, draw or tow the trailer; and
   3. Ride a vehicle.

2. Applicable driver licence – as defined in section 107 of the Act means the following:
   1. A licence (however described) issued under a law in force in any jurisdiction authorising the holder to drive one or more classes of motor vehicle on a road;
   2. A driver licence receipt for a licence referred to in paragraph a; and
   3. A foreign driver licence.

In order for the Police to convict you of this offence, they must prove the following elements:

1. You were under the influence of a drug described in the Court Attendance Notice, or
2. You were under the influence of drugs any one or more which was or were described in the Court Attendance Notice.

It is difficult to successfully defend this charge. However, should you wish to defend this charge, then it may be useful to obtain a pharmacological report to determine the exact amount of drug present in your system at the time of the offence. The report may assist in submitting to the Court that the quantity of drug in your system was so minimal that it could not have any significant effect on your driving ability.