Driving under the influence of drugs is a big no-no in NSW, with tough penalties that can stick with someone for ages. As more folks get caught mixing drugs and drink with driving, it’s super important to get clued up on the laws. Cops have some top-notch tools for spotting drugs in drivers, so knowing the ropes could save a lot of trouble down the road. Imagine getting hit with fines or worse, all because of a silly mistake. The stakes are high, so it’s worth knowing what happens if you’re caught driving with drugs in your system. What might surprise you are the sneaky ways drugs can linger in your body, even when you think they’re long gone. Grab the inside scoop and stay ahead of the game.

This comprehensive guide will delve into the various aspects of drug driving, including the types of offences, penalties, and detection methods employed by police. By providing a detailed overview of the laws surrounding drug driving and the potential consequences of a conviction, this article aims to educate drivers and promote safer roads for all.

Types of Drug Driving Offences in NSW

There are two main types of drug driving offences as defined under the Road Transport Act 2013 (NSW): driving under the influence of drugs and driving with an illicit substance present in the body.

Driving Under the Influence of Drugs

The offence of driving under the influence of a drug is set out in section 122 of the Road Transport Act. For the court to find a person guilty of this offence, the prosecution must prove beyond a reasonable doubt that:

1. The driver was affected by alcohol and/or illicit substances.
2. They were driving, attempting to put a vehicle in motion, or supervising a learner driver at the time of the positive test.

Police can require a driver to submit to a ‘sobriety assessment’ to ascertain whether or not they are driving under the influence if they are unable to conduct a breath analysis.

Driving with an Illicit Substance Present

The offence of driving with a prescribed illicit drug present in the body is outlined in section 111 of the Road Transport Act. For a person to be found guilty of this offence, the prosecution does not need to prove that the person’s driving was impaired by a drug at the time. A person can be convicted simply for driving or attempting to drive with an illicit substance present in their body.

It doesn’t matter whether you felt the effects of the drugs; if police discover any trace of illicit substances in your system, you can be charged with drug driving. All that’s needed for a conviction is that you were driving or even attempting to put the vehicle in motion and found with any ‘prescribed illicit drug’ in your system.

The drug presence test consists of the driver being required to undergo a roadside ‘lick test’ where a sample of their saliva is taken. If a positive result is returned, police will issue a Notice of Suspension, prohibiting the driver from driving for 24 hours under Section 148G. Police can also require the driver to hand over their ignition key and take steps to immobilise or detain the vehicle to ensure the driver does not breach the suspension notice.

Detection Methods for Drug Driving in NSW

In NSW, police employ sophisticated methods to detect drug driving through a two-stage testing process. Mobile Drug Testing (MDT) operations are conducted regularly across the state to identify drivers with illicit substances in their system.

Roadside Drug Testing

The initial screening occurs through a roadside saliva test, commonly known as a ‘lick test.’ This test can detect the presence of several illegal drugs, including:

• Cannabis (THC)
• Ecstasy (MDMA)
• Cocaine
• Methamphetamine (ice or speed)

If the roadside test returns a positive result, police will issue a Notice of Suspension, prohibiting the driver from operating a vehicle for 24 hours. Police may also require the driver to surrender their ignition key either to law enforcement or another licensed person present.

Laboratory Analysis

When a roadside test indicates the presence of drugs, a second saliva sample is taken for laboratory confirmation. This secondary testing process is more comprehensive and precise than the initial screening. The laboratory analysis:

• Confirms the presence of illegal substances
• Identifies the specific types of drugs present
• Determines the concentration levels in the sample

During the waiting period for laboratory results, drivers must not operate any vehicle. If the laboratory test confirms the presence of illegal drugs, the driver will face formal charges for drug driving.

Police Powers in Drug Driving Cases

Police officers have significant powers to enforce drug driving laws and penalise offenders. These powers allow police to detect and charge individuals who drive with illicit substances in their system, helping to maintain road safety for all users.

Issuing Penalty Notices and Licence Suspensions

One of the key powers granted to NSW police in drug driving cases is the authority to issue penalty notices and impose immediate licence suspensions. If a driver tests positive for illicit drugs during a roadside test, police can issue an on-the-spot fine and suspend the individual’s licence for a specified period.

The severity of the penalty notice and licence suspension depends on factors such as:

• The type and quantity of drug detected
• Whether it is a first or subsequent offence
• The driver’s behaviour and cooperation during the testing process

By issuing these penalties at the roadside, police can swiftly remove drug-affected drivers from the road and deter others from engaging in this dangerous behaviour. The immediate consequences also underscore the seriousness of drug driving offences.

Vehicle Immobilisation and Detention

In certain circumstances, NSW police also have the power to immobilise vehicles and detain drivers suspected of drug driving. This can occur when a driver refuses to submit to drug testing, fails to comply with police directions, or if there are concerns about the driver’s ability to safely operate the vehicle.

Police may take steps such as:

• Confiscating the vehicle’s keys
• Using wheel clamps or other devices to prevent the vehicle from being driven
• Arranging for the vehicle to be towed and impounded

These measures aim to prevent drug-affected drivers from posing further risks on the road. The detention of drivers allows police to conduct necessary investigations and ensure appropriate charges are laid.

The powers to immobilise vehicles and detain drivers suspected of drug driving provide police with additional tools to enforce the law and maintain public safety. However, the use of these powers must be justified and proportionate to the circumstances of each case.

Penalties for Drug Driving in NSW

Drug driving offences carry significant penalties, including fines, licence disqualifications, and potential imprisonment. The severity of the penalty depends on factors such as the type of offence, the driver’s history, and the circumstances of the case.

Penalties for First Offences

For a first drug driving offence in NSW, the penalties can include:

• A maximum fine of $2,200
• An automatic licence disqualification period of 6 months
• A minimum licence disqualification period of 3 months

These penalties apply to drivers found with the presence of illicit drugs in their system, even if their driving ability was not impaired.

Penalties for Repeat Offences

Repeat drug driving offenders face harsher penalties in NSW:

• A maximum fine of $3,300
• An automatic licence disqualification period of 12 months
• A minimum licence disqualification period of 6 months

These increased penalties reflect the seriousness of repeated drug driving offences and the danger posed to public safety.

In addition to these primary penalties, the court may impose other sanctions such as:

• Prison sentences for the most severe cases
• Participation in drug education and rehabilitation programs
• Installation of alcohol interlocks for combined alcohol and drug offences
• Vehicle sanctions, such as confiscation of number plates or vehicles

The specific penalty given in each case will depend on the individual circumstances and the discretion of the court. Factors such as the driver’s character, the level of drugs detected, and any aggravating or mitigating factors will be considered during sentencing.

It’s important to note that a drug driving conviction will also result in a criminal record, which can have long-term consequences for employment, travel, and other aspects of life. Seeking legal advice from experienced drug driving lawyers can help navigate the complexities of the legal system and work towards the best possible outcome.

Defences to Drug Driving Charges in New South Wales

Drug driving charges in NSW can be challenged through several legal defence strategies. A strong defence can potentially lead to charges being dismissed or penalties reduced, depending on the specific circumstances of the case.

Challenging the Legitimacy of the Traffic Stop

Police must have valid reasons for conducting a traffic stop and drug test. If officers acted without reasonable grounds for stopping a vehicle, any evidence collected during that stop may be deemed inadmissible. For instance, if police cannot demonstrate a legitimate reason for initiating the traffic stop, such as observed traffic violations or reasonable suspicion of drug use, the subsequent drug test results could be challenged.

Contesting the Accuracy of Drug Tests

The reliability and accuracy of drug testing procedures can be questioned as part of a defence strategy. Key points that may be challenged include:

• Whether proper testing protocols were followed
• If the testing equipment was properly maintained and calibrated
• Whether the police officer conducting the test was appropriately trained
• If there was contamination of the sample during collection or analysis
• Whether proper chain of custody procedures were maintained for the samples

For example, if the police did not use gloves during the drug test and contaminated the sample by touching it with hands that may have had traces of illicit drugs from handling other evidence, this could form the basis for challenging the test results.

Conclusion

Drug driving in NSW carries serious legal consequences that can significantly impact a person’s life. The laws are designed to protect road users by deterring and penalising those who drive with illicit substances in their system. Understanding these laws, penalties, and detection methods is crucial for all drivers.

The penalties for drug driving offences can include heavy fines, licence disqualification, and even imprisonment in serious cases. With police having extensive powers to conduct roadside drug testing and immediate licence suspensions, the best approach is to avoid driving if there’s any possibility of drugs being present in your system.

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