Drug Driving

Driving under the influence of Drugs - Drug Driving

Nyman Gibson Stewart
Criminal Lawyers

Burwood Local Court

Represented by Solicitor: Shaun Mortimer 

Facts – the client had been charged with driving under the influence of prohibited drugs, namely cannabis and ecstasy.  The client came to the notice of the police as she was involved in a minor collision, before bringing her vehicle to a stop on top of a curb. When questioned by the Police, the client was observed to have been highly intoxicated, and proceeded to inform the Police that she regularly drove her vehicle whilst intoxicated to this extent. The client needed her drivers licence in order to undertake her employment with minimum inconvenience.  

Result – the client could have received a maximum penalty of 9 months in gaol, and an automatic disqualification from driving for 12 months. The matter came before Burwood Local Court for sentencing, a location which sees a high amount of offences of this nature.  The client had been advised to participate in the Traffic Offenders Program, and successfully completed the Program. In addition,  the client was only 18 years of age at the time of the offence and had taken positive steps to deal with drug use. The client also had the benefit of a clean criminal record. Submissions were put forward as to why this client both accepted and realized the dangerous nature of the offence, had good prospects of rehabilitation and an unlikelihood of reoffending, owing both to her age and efforts at rehabilitation.  Accordingly, the Magistrate determined that while the circumstances of the case were to serious to allow a dismissal without conviction, the factors put forward justified the imposition of only the minimum period of licence disqualification of 6 months. 

 

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