A SERIOUS OFFENCE IN NSW
The offence of drug driving is becoming increasingly common in NSW. It is taken very seriously and may result in a criminal conviction. It is an offence dealt with under the Road Transport Act 2013 (NSW) (“the Act”).
Section 111(1) of the Act states:
- Presence of prescribed illicit drug in person’s oral fluid, blood or urine A person must not, while there is present in the person’s oral fluid, blood or urine any prescribed illicit drug:
- Drive a motor vehicle, or
- Occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
- If the person is a holder of an applicable driver license (other than an applicable provisional license or applicable learner licence) occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.
If you have used or attempted to use a motor vehicle whilst there are drugs present in your system, then you may also be charged under section 112 of the Act. These provisions closely mirror section 111(1) of the Act above.
A ‘prescribed illicit drug’ is defined in section 4 of the Act to be:
A ‘motor vehicle’ is defined under the definition of ‘vehicle’ in section 4 of the act to be:
It is difficult to defend a drug driving charge as the Police generally have concrete evidence of an illicit drug present in your blood. The only way to dispute such a charge is if you are able to prove that the drug reading is a false positive.