Type of Allegation
Client Role
Accused – young man, employed tradesperson
Court
Background: Serious Drug Driving Charge Initially Laid
Our client was charged with:
Use or Attempted Use of a Vehicle under the Influence of Alcohol or any other Drug – section 112(1)(a) of the Road Transport Act 2013 (NSW)
This offence carries a maximum penalty of 18 months’ imprisonment and/or a fine of 30 penalty units. Importantly, it also carries a minimum 12-month disqualification period.
For a young tradesperson whose employment depended on his driver’s licence, the consequences were significant.
Additional Risk: Existing Conditional Release Order
Potential Re-Sentencing Exposure
At the time of the alleged offence, our client was already subject to a Conditional Release Order Without Conviction (a good behaviour bond).
If he pleaded guilty to the new offence:
The Court could re-sentence him for the earlier matter
A harsher penalty could be imposed for both the previous and new offences
He faced the risk of a lengthy disqualification and potentially far more serious consequences
The stakes were therefore considerably higher than a standard first-time drug driving matter.
Review of Police Evidence Revealed a Key Issue
Upon reviewing the police facts, we identified a critical weakness:
There was no evidence demonstrating that the client was “under the influence” at the time he was driving.
This distinction was legally significant.
Being “under the influence” is materially different from merely having an illicit substance present. The former carries a much higher minimum disqualification period and significantly more serious consequences.
Strategic Negotiation With Police
Seeking an Amendment of the Charge
Rather than proceeding immediately to sentence, we sought an adjournment to:
Enter into negotiations with police
Allow the client to investigate appropriate driving programs
Prepare strategically for court
We made formal representations requesting that the charge be amended to a more appropriate offence based on the available evidence.
Charge Successfully Amended
On the day of court, the charge was amended to:
Drive with Illicit Substance in Oral Fluid – section 111(1)(a) of the Road Transport Act 2013 (NSW)
This offence:
Carries a maximum penalty of a fine of 20 penalty units
Has a minimum disqualification period of 3 months (instead of 12 months)
This amendment dramatically reduced the seriousness of the matter and the potential impact on our client’s future.
Sentencing Submissions in Parramatta Local Court
At sentencing, we made detailed submissions highlighting:
The client’s youth
His full-time employment as a tradesperson
His essential need for a driver’s licence
His involvement in supporting his parents’ second-hand car dealership business
His strong future prospects
We also urged the Court:
Not to re-sentence him for the previous matter
Not to take the prior offending into account when imposing penalty
Outcome: Minimum Disqualification and No Re-Sentencing
The Magistrate accepted our submissions.
✅ The client was fined $500
✅ He received the minimum disqualification period of 3 months
✅ The Court declined to re-sentence him for the earlier Conditional Release Order
Instead of facing a 12-month minimum disqualification — and potential re-sentencing consequences — our client received a significantly reduced penalty.
This allowed him to:
Retain his employment
Continue supporting his family business
Move forward without the additional burden of re-sentencing
Why This Case Matters
Drug driving charges under section 112 of the Road Transport Act 2013 can carry severe consequences, particularly where a person is already on a Conditional Release Order.
This case demonstrates:
The importance of carefully reviewing the police evidence
The value of negotiating charge amendments where appropriate
How early legal intervention can significantly reduce licence disqualification periods
The difference between being charged as “under the influence” and having an illicit substance present can result in a nine-month reduction in minimum disqualification — a critical distinction for working drivers.
Tayla’s Insight
“In traffic matters, the wording of the charge can completely change the outcome. Reviewing the evidence carefully and negotiating early can mean the difference between losing your licence for a year or just a few months.”
Facing a Drug Driving Charge in NSW?
If you have been charged with:
Drug driving
Driving under the influence
Drive with illicit substance present
Early legal advice can significantly impact the outcome — particularly if you are on a bond or rely on your licence for work.
Australian Law Advocates regularly appears in Parramatta Local Court and throughout NSW.
