Section 111(1) of the Road Transport Act 2013 (NSW) states that 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 the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)-occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.
Maximum penalty for a first offence: 10 penalty units ($1,100). The automatic disqualification period is 6 months and the minimum disqualification period is 3 months.
Maximum penalty for a second or subsequent offence: 20 penalty units ($2,200). The automatic disqualification period is 12 months and the minimum disqualification period is 6 months.
A “prescribed illicit drug” means any of the following:
- Delta-9-tetrahydrocannabinol (also known as THC);
- Methylamphetamine (also known as speed);
- 3,4-methylenedioxymethylamphetamine (also known as ecstasy).
The legislation defines “drive” as:
- Be in control of the steering, movement or propulsion of a vehicle; and
- In relation to a trailer, draw or tow the trailer; and
- Ride a vehicle.
A person can be randomly asked by Police to submit to an oral fluids test for drugs.
Drugs such as cannabis can be detected in oral fluids hours following use. Cannabis can also be detected in urine tests months after use.
It is an offence which is taken very seriously by the Courts. The Court has the discretion to reduce the automatic disqualification period to the minimum disqualification period.
An experienced Lawyer will make persuasive submissions on your behalf and address the Court in relation to the existence of mitigating factors and any aggravating circumstances involved.
We have a track record for obtaining “section 10’s” for our clients. Not all offenders will be eligible for a section 10 so it is important that you speak with an experienced Lawyer in relation to charge.