Facing a Drug Driving Charge and Possible Licence Disqualification
Our client was charged with driving a motor vehicle with an illicit drug present in his blood, contrary to section 111(1)(a) of the Road Transport Act 2013 (NSW).
The offence carries a maximum penalty of 20 penalty units (a fine of up to $2,200) and an automatic licence disqualification period between 3 and 6 months for a first offence.
Although not a “criminal” offence in the traditional sense, a conviction for this charge still results in a recorded criminal record and loss of licence — both of which can severely affect a person’s employment and future prospects.
Preparation on Short Notice
The client contacted Australian Law Advocates just two days before his sentencing after his previous lawyer became unavailable. Despite the tight timeframe, our team moved quickly to prepare a strong case for leniency.
Through urgent phone conferences, Ms Rodrigues gathered all relevant details about the client’s background, employment, and driving history. The client explained that he was mistaken about how long marijuana remained in one’s system, believing he was safe to drive the following day.
He was also young, gainfully employed, and had no prior criminal or traffic record. Losing his licence would likely cause him to lose his job — a factor the Court could take into account under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW).
Legal Submissions: Emphasising Genuine Mistake and Employment Impact
On the day of sentencing, Ms Rodrigues appeared before Windsor Local Court and made submissions highlighting several key points:
The client was a first-time offender who had demonstrated full cooperation with police.
His misunderstanding about the detection period of drugs in saliva and blood was genuine, not reckless.
A conviction and disqualification would cause significant hardship, particularly affecting his employment.
The client had provided excellent character references from his employer, university lecturer, and friend, confirming his good reputation and remorse.
Ms Rodrigues argued that the matter was suitable for a Conditional Release Order (CRO) without conviction, given the client’s otherwise clean record and the minimal risk of reoffending.
Outcome: Conditional Release Order – No Conviction and No Licence Disqualification
The Court accepted our submissions and agreed that a criminal conviction or loss of licence would be disproportionate in this case.
✅ The client received a Conditional Release Order (Good Behaviour Bond) for six months.
✅ No conviction was recorded, meaning he avoided a criminal record.
✅ The Court also did not impose any disqualification period, allowing the client to continue driving and maintain his employment.
This outcome was a significant relief for the client, who was able to retain his licence, his job, and his clean record.
Tayla’s Insight
“This result highlights the importance of having experienced representation, even for a first-time traffic matter. Courts consider context, character, and the genuine impact of a disqualification — and with the right preparation, a no-conviction outcome is achievable.”
Charged With Illicit Drug Driving in NSW?
If you’ve been charged with drug driving or driving with an illicit substance present, you may still be eligible for a Conditional Release Order without conviction, depending on your history and the circumstances of your case.
Our experienced defence lawyers appear regularly in Windsor Local Court and across NSW, achieving exceptional outcomes for clients who rely on their licence for work and family commitments.
📞 Call (02) 8067 8361 or book a free consultation to discuss how we can help you avoid a conviction and keep your licence.
