While most blitzes are set up with the intention of alcohol and drug testing – because driving under the influence is a major killer on our roads – police will conduct a thorough check if you are pulled over and although you might pass the drug or alcohol tests, you can also be charged with other offences.

If pulled over by Poilce, what information do I have to provide?

If you are stopped by police, then you will be asked your name and you will be asked to provide your driver’s license. If you do not have your license on you, then you may be issued with an immediate $110 fine.

What happens during a roadside alcohol or drug test?

If you are requested to undertake either a roadside breath test (RBT) which detects alcohol consumption, or a mobile drug test – a saliva swab test – which detects (at the very least) cannabis, drugs in the amphetamine-class, and cocaine, police are likely to check your license details and run your information through the police database.

Police may also look over your vehicle and you could be charged for anything that is not deemed roadworthy, for example, for not having your phone stored in a secure holder that meets Australian standards, for worn tyres or broken lights. You can be given a fine of $448 in New South Wales if your pet is in the vehicle with you and is considered to be a distraction or not safely restrained.

If you have outstanding driving or traffic offences, if your car is not registered or if you have any other criminal charges against you, then police will take appropriate action in relation to these offences. You are not required by law to answer any questions asked by police except those which confirm your identity – name, address, birthdate etc.

Police can undertake a search of your car and belongings

In New South Wales police do have the power to search your car or your phone, handbag or other belongings without a search warrant if they have a ‘reasonable suspicion’ that you may be involved in criminal activity.

‘Reasonable suspicion’ has a fairly vague definition, it can be simply that a police officer considers that you are acting suspiciously.

It is always recommended that you cooperate with police, but under the Police Powers and Responsibilities Act police have a range of obligations and must also treat you respectfully, and fairly.

Testing positive to a roadside breath test or drug test

If you test positive for a roadside drug or alcohol test, then you will be taken to the roadside testing van or to the local police station to provide another sample. Usually, you’ll be banned from driving for 24 hours. All samples are sent to a laboratory for analysis and if yours comes back positive then tough penalties apply.

Drink and drug driving penalties depend on the amount of drugs or alcohol in your system, the type of drugs detected, and also whether or not it is a first offence.

In 2021, the New South Wales Government passed new laws that created a new combined drug and alcohol driving offence. The penalties for this offence also depend on the amount of alcohol and drugs detected in the driver’s blood stream, and whether or not the offence is a first or subsequent offence.

Do you need to appear in a local court for a traffic offence or a positive roadside alcohol or drug test?

The penalties are severe including jail time, license disqualification, fines and the imposition of interlock devices fitted to their car.

Courts take drink driving and drug driving very seriously. If you have been charged with an offence, you need professional legal advice to help you understand the charges and penalties and to represent your case in court. Contact The Local Court Lawyers for experienced help and guidance.

This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, please contact us.

We service NSW, but specifically the area from Coffs Harbour to Byron Bay, Ballina, Mullumbimby and Tweed Heads regions on the Far North NSW Coast.

To learn more about The Local Court Lawyers, see our What We Do page.

You can also follow us on facebook

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Police arrested the man after an investigation that included surveillance and the interception of more than 25,000 text messages and phone calls. He was charged with two counts of prohibited drug supply, one count of possessing prescribed restricted substances and two counts of possessing prohibited drugs.

Police have alleged in their statement of facts tendered in court that they believed a gym owner accepted bags of cocaine from the accused man in return for secret access to a gym during lockdowns, when all gyms were closed under public health orders.

Supply of drugs doesn’t just refer to the ‘sale’ of drugs

Most people understand that ‘drug possession’ charges typically relate to a person having a drug in their possession or under their control – for example, in a pocket, handbag, or within their car or home.

The definition of ‘supply’, on the other hand, is much broader. It doesn’t always mean simply: ‘selling’ drugs.

Under the law, ‘drug supply’ can also mean giving away for free, swapping for goods or services, distributing, agreeing to supply, offering to supply, as well as having drugs in your possession for supply. Drug supply can also be ‘deemed’ – that is, if a person has possession of a larger quantity of drugs, they can be ‘deemed’ to be supplying simply because of the quantity in their possession.  At the local court lawyers, we find this often happens when festival-goers start the festival with enough drugs to last them for the multi-day event, but if detected early, they can be charged with drug supply simply because of the quantity they have. For example, anything over 3g of cocaine is ‘deemed’ supply. The same applies for someone growing multiple cannabis plants – grow a few plants and its charged as cultivation for personal use; grow a lot of plants and its deemed cultivation for supply (or a trafficable or commercial quantity).  It all depends on the type of drug and how much of it the defendant has, or controls.

In the case mentioned above, the man pleaded guilty to all of the drug charges and was sentenced to a 21-month intensive corrections order with supervision, 150 hours of community service and a $3300 fine. He is also required to continue with psychological treatment and drug rehabilitation.

Which court will hear the matter?

In New South Wales, the judicial process related to drug possession and supply depends on the quantities and type of drugs involved.

Supply charges can be dealt with in the Local or District Court, depending on the amount (weight/number of pleants) of the drugs involved, and what type of drugs were involved. ‘Prohibited plants and drugs’ are listed in the Drug Misuse and Tracking Act 1985, Schedule 1.

The role of the Local Court

Possession of a prohibited drug is a summary offence that will be dealt with in the Local Court, no matter what the type or weight of the drug. If the local court decides that a conviction is necessary for possession charges, then the offence carries varying penalties but generally the maximum penalty is around $2,200 and/or 2 years imprisonment and may include a bond such as a conditional release order, a community corrections order or an intensive corrections order.

Cannabis Cautioning Scheme

In New South Wales, police have the discretion to caution people for possession of cannabis (15 grams or less). The idea behind the Cannabis Cautioning Scheme is that it will divert some cases away from the local courts, freeing up court time and resources. Only two cautions can be given to any person and the scheme cannot apply to anyone who is found to be growing or supplying cannabis, or to anyone with a prior conviction for drug offences.

It can not be applied to anyone who has a prior conviction for a violent or sexual offence either.

In cases where the offender is an addict there are sentencing orders available to the court to ensure that the accused person receives treatment for the addiction.

The MERIT programme

One of these diversionary programs is the Magistrates Early Referral into Treatment (MERIT) program, which aims to stop reoffending by breaking the cycle of addiction.

The MERIT program was developed and introduced into New South Wales in response to recommendations made by the 1999 NSW Drug Summit, an initiative of the New South Wales Government.

In the year 2000, the program was piloted in five courts in the Northern Rivers area, with the program itself, run from Lismore. Such was the success of the pilot that the MERIT program is now offered in 61 Local Courts across New South Wales, and in some areas (like Coffs Harbour) a MERIT program treats alcohol, not only drugs.

This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, please contact us.

We service NSW, but specifically the area from Coffs Harbour to Byron Bay, Ballina, Mullumbimby and Tweed Heads regions on the Far North NSW Coast.

To learn more about The Local Court Lawyers, see our What We Do page.

You can also follow us on facebook

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A group of New South Wales high school parents are coming to terms with an even worse  scenario this week – the news that a teacher has allegedly been supplying prohibited drugs to their children.

The Science teacher has been arrested and charged with supplying drugs to students following a police investigation which started with a tip-off.

Police allege the teacher was contacting the students outside of school hours and supplying the drugs. She has been stood down from her position by the New South Wales Education Department, banned from entering the school grounds and prohibited from contacting any of the students at the school.

The teacher is yet to enter a plea in relation to the charges and the case will return to court next month.

Supplying a prohibited drug is a very serious criminal offence.

Section 25 of the The Drugs Misuse and Trafficking ACt (1985) states:

(1) A person who supplies, or who knowingly takes part in the supply of, a prohibited drug is guilty of an offence.

(1A) A person of or above the age of 18 years who supplies, or who knowingly takes part in the supply of, a prohibited drug (other than cannabis leaf) to a person under the age of 16 years is guilty of an offence.

The penalty for supplying or knowingly taking part in the supply of prohibited drugs carries a penalty of 10 years imprisonment and/or 2000 penalty units ($110each) where the offence involves less than a commercial quantity and relates to cannabis plant/leaf.

In other cases not relating to cannabis plant/leaf, the penalty is 15 years and/or 2000 penalty units (one penalty unit is currently $110).

However the penalties for drug supply also depend upon other factors including:

• the type of drug involved
• the quantity or amount of the drug involved
• whether the case is heard in a Local Court or District Court

What is a prohibited drug?

The most common prohibited drugs are: Cannabis, MDMA or ecstasy, cocaine, Amphetamine, Methylamphetamine, Heroin, LSD, and GHB.  There is a full list of prohibited drugs in Schedule 1 of the Drug Misuse and Trafficking Act.

‘Ongoing supply’ charges in New South Wales

In New South Wales there is also a specific offence relating to criminal activity involved in ‘ongoing supply.’

Section 25A of the Drug Misuse and Trafficking Act outlines the offence Of Supplying Prohibited Drugs On An Ongoing Basis. It states:

A person who, on 3 or more separate occasions during any period of 30 consecutive days, supplies a prohibited drug (other than cannabis) for financial or material reward is guilty of an offence. The maximum penalty for this offence is  3,500 penalty units ($110 each) or imprisonment for 20 years, or both.

This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, please contact us.

We service NSW, but specifically the area from Coffs Harbour to Byron Bay, Ballina, Mullumbimby and Tweed Heads regions on the Far North NSW Coast.

To learn more about The Local Court Lawyers, see our What We Do page.

You can also follow us on facebook

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It’s no secret that drink driving continues to be a prominent road safety issue across New South Wales, despite the multi-millions of dollars that the State Government pours into education and law enforcement year after year.

Every year hundreds of people die, or are seriously injured in road accidents caused by a driver who had been drinking. Sadly, research shows many of these tend to happen in regional areas – often because there are limited options when it comes to taxis and ubers, buses and other public transport, which makes people tend to run the risk.

Just to be clear though, this isn’t an adequate defence if you get caught.

Another interesting fact that the research shows is that most people don’t really know how many alcoholic drinks they can actually have before driving to remain cognisant behind the wheel, and within the legal limit.

There are also plenty of studies which show that the ‘standard drink’ measurements which are often used as a guide, aren’t fail-proof anyway. Size, weight, gender, whether you’ve consumed food and water, your general health and wellbeing and what type of alcohol you were drinking can determine how alcohol is absorbed into your blood steam, affecting your body and brain, and whether you might test over the BAC (Blood Alcohol Concentration) limit if you’re stopped on the side of the road.

What are the limits?

For the record, in New South Wales, if you hold a full drivers licence it is illegal for your BAC to be over 0.05. If you hold a learners or provisional licence you must have a BAC level of 0.00.

Drink Driving penalties are severe in New South Wales. Maximum penalties for drink driving include heavy fines, potentially prison time and suspension of your licence. If you are a repeat offender, meaning you have previously been convicted of drink or drug driving, then the penalties are much harsher for subsequent offences.

If you have an accident which has caused death or injury and you are ‘at fault’, or you are caught driving dangerously, you can be charged with additional offences, including, but not limited to, negligent and dangerous driving.

Drug Driving

In June 2021, new offences for combined drug and drink driving were introduced in New South Wales as a result of numerous studies which show that the combined use of illicit drugs and alcohol increases the risk of a fatal crash by 23 times.

Roadside BreathTests (RBTs) can test for both alcohol and drugs. If you fail to pull over for an RBT when directed to, then you can have your license suspended on the spot. You can also be arrested.

In NSW, police have the power to:

• Stop drivers at random to test for alcohol
• Arrest drivers who test over the legal limit
• Require a driver to take a sobriety test in certain circumstances
• Breath test any driver or supervising driver involved in a crash

Your rights when stopped by Police

You must answer your name and address, and you must show identification to verify those details. If you refuse to take an RBT test, you can be arrested.

If you’re stopped by Police, it’s  important to remember that anything you say or do can be used against you in a court of law. Police wear body cameras for this purpose – so interactions with the general public can be recorded.

You can refuse to answer further questions by police, and request a lawyer to be present, but remember that if you don’t cooperate with police you can be charged with other offences, including obstructing a police officer in the line of duty.

The New South Wales Crimes Act 1900, Section 546C states that:

“Any person who resists or hinders or incites any person to assault, resist or hinder a police officer in the execution of his or her duty shall be liable on conviction before the Local Court to imprisonment for 12 months or to a fine of 10 penalty units, ($110 each) or both.”

Cooperate with Police

Drink Driving and Drug Driving offences can be dealt with fairly swiftly and smoothly by the courts if they are straightforward and there are no complicating circumstances or additional charges.

And of course, people do make mistakes from time to time. But Police have been conducting RBTs since the early 1980s, and conduct millions of these tests every year. More than that though, we all know the dangers.

It’s important to be responsible. So, don’t drink alcohol, leave the car at home, or make alternative arrangements, like spending the night on a mate’s sofa.  Also make sure you know the rules about driving and mobile phones, and don’t forget that during the holiday season double demerits are in force.

If you are charged with a drink driving or drug driving offence, get professional legal advice.

This post is informative only. It is not legal advice.
If you have a specific legal matter you’d like to discuss, please contact us.

We service NSW, but specifically the area from Coffs Harbour to Byron Bay, Ballina, Mullumbimby and Tweed Heads regions on the Far North NSW Coast.

The post Driving Under The Influence (DUI) appeared first on Local Court Lawyers.

The study, which was led by St Vincent’s Clinical School at the University of NSW surveyed festival goers who had attended festivals in New South Wales between November 2019 and March 2020. Participants were asked about their drug use as well as higher-risk behaviours in relation to drugs and alcohol consumption.

Fear of police can stop people asking for medical help

The researchers also found a significant correlation between a fear of policing and preloading drugs, with participants saying that  police presence influenced their decision to preload. While no deaths were recorded at the festivals surveyed, several people did have to be taken to hospital.

Researchers also found the presence of police made people reluctant to seek medical help. Overall, the study concluded that along with different policing strategies, more targeted education is needed to prevent risky behaviours such as mixing substances.

The NSW South Wales Coronial Inquest into the drug-related deaths of six festival-goers between December 2017 and January 2019 made similar conclusions.

In her final report, Deputy State Coroner Harriet Grahame, said that the young people who were at the centre of the inquiry, were “keen to have new experiences” and whose deaths were “completely unexpected and profoundly tragic.”

Her report recommended three important changes to policing at music festivals:

Stopping the use of sniffer dogs

Under the law, in order to conduct a lawful search of a person’s body, a police officer needs to be able to show that he/she formed a reasonable suspicion that a person is in possession of an illicit drug. A positive indication by a sniffer dog provides ground for police to conduct a strip search. When police are present at a festival, it is harder for them to establish reasonable grounds for a search when not using sniffer dogs.

But a report prepared by the New South Wales Ombudsman in 2018 found that almost every indication by a sniffer dog resulted in a member of the public being searched. However, approximately 75% of those searched were not found to be in possession of illicit drugs. This indicates that the accuracy of sniffer dogs in identifying people actually carrying drugs is only around 25%.

Stopping strip searches

There has been a lot of media attention on strip searches, and currently a class action is underway in relation to illegal strip searches undertaken at iconic Byron Bay festival  Splendour in the Grass 2016-2019.

Strip searches are highly invasive, and can have a traumatic effect on people. What’s more, in the majority of cases, strip searches turn up nothing illegal.

The implementation of pill testing

Pill testing is an exceptionally controversial subject, with many believing that it sanctions or condones drug use. However, the other side of the argument is that people are going to take drugs socially, irrespective of whether they are illegal.

Pill testing simply enables people to test the substances they are taking, to understand the ingredients of the drug, the potential risks, and whether or not the drugs are pure. Pill testing has been available overseas for some time and it has been proven to save lives.

The New South Wales Government’s hardline approach to drugs has long been criticised. Recently the State Government mooted important changes to drug policy. While some positive changes are being considered, there has been no announcement about what approach the government might take with respect to drugs and music festivals. And it’s an important consideration because music festivals will undoubtedly be back on the agenda sometime soon.

Keeping our young people safe

The research is clear: We need to stop the punitive approach, and reach an understanding that young people will choose to take drugs, or experiment with drugs. Yes, these substances are illegal, but there are appropriate harm minimisation measures we can put into place so that those who want to take the risk, take an informed risk.

There are also changes we can make to policing to ensure that drug users don’t feel stigmatised or scared to seek medical help if they need it.

If we can make these changes isn’t it our social responsibility to do so?

This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, please contact us. 

We service NSW, but specifically the area from Coffs Harbour to Byron Bay, Ballina, Mullumbimby and Tweed Heads regions on the Far North NSW Coast.

To learn more about The Local Court Lawyers, see our What We Do page.

The post New study shows police presence at music festivals can lead to drug overdoses appeared first on Local Court Lawyers.

This is really good news. Traditionally, the New South Wales Government has taken a hardline punitive approach to offences relating to drug use and drug possession. Currently, under Section 10 of the Drug Misuse and Trafficking Act 1985 NSW, possession of a prohibited drug carries a maximum penalty of two years imprisonment and/or a $2,200 fine.

Possession of a drug, even in a very small amount, typically results in a criminal record, which carries a social stigma, and has serious long-term consequences – for employment prospects, travel opportunities and even adoption or fostering.

The Cannabis Cautioning Scheme

In 1999 the NSW Government introduced the Cannabis Cautioning Scheme, which allows Police some discretion around possession of cannabis in small amounts. Police can issue a caution when:

• The crime is a first offence
• The amount possessed is 15 grams or less, and
• The offender admits that the marijuana is possessed for personal use.

The cannabis cautioning scheme only applies to offences of possession, not supply. A record will be made and kept by police in case an offender is caught with cannabis again or faces any other drug charges, but it won’t show up as a conviction or a criminal record.

Police cannot use the cannabis cautioning scheme for anyone with a previous conviction for drug offences, violence or sexual assault and only a maximum of two cautions can be given.

However, when Police can issue ‘caution’, it means that the offender does not have to go through the criminal justice system, which takes pressure off the local courts, and in turn, reduces the amount of administration and time required for police, because there are no statements to prepare, and no need for a court hearing.

A different approach to drug use and possession

The new drug policies that are currently being drawn up by NSW Health Minister Brad Hazzard and NSW Attorney-General Mark Speakman will draw on some of the key principles of the Cannabis Cautioning Scheme, and other recommendations such as those made by the NSW Special Inquiry into the Drug Ice which was completed in 2019-2020.

The changes, according to the Attorney-General, will focus on “a better way to deal with low level drug offenders that helps them kick the habit, before it potentially destroys their lives … We need to do something different… We know locking people up and throwing away the key is not the answer,” he says.

Substance Abuse and Addiction

The NSW Government’s announcement represents a significant step forward in understanding that good drug policy needs to balance appropriate criminal punishments for serious offences, with a health-based approach which recognises that drug use, which can lead to drug offences, is often an addiction which isn’t changed by prison time, but can be treated, if a person has access to specialist help and support resources.

Other countries which have implemented a health-based approach balanced with some forms of drug decriminalisation, have achieved significant reductions in overall drug dependency. When dependency reduces, it stands to reason that supply must also reduce, and this has a knock-on effect for the major drug dealers.

Drug use and drug crime is an incredibly complex issue to solve, and it is not easy for Governments to set policies which get it right, some trial and error may be required. However, for many years, the experts in this area have been calling for change, and it would appear that at last, it is coming.

This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, please contact us. 

We service the area from Coffs Harbour to Byron Bay, Ballina and Tweed Heads regions on the Far North NSW Coast.

To learn more about The Local Court Lawyers, see our What We Do page.

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According to the report, out of the 16,393 private law practices registered across Australia, sole practitioners make up 82 per cent.

One of the key drivers behind this upward trend is the increasing number of females entering the legal profession. Figures published in June this year show there are now 44,581 women in law in Australia and 39,052 men. Over the past decade, two-thirds (67 per cent) of those entering the profession have been women, while just 26 per cent of those becoming lawyers have been men.

For many women, the traditional career path in a mid-size or large law firm, has been pretty demanding, making it very difficult to balance career and family. Firms are changing their out-dated structures, but for many, rising to the top still requires long hours and heavy caseloads.

And it’s for this reason predominantly, that women are starting their own practices in droves — because working by themselves gives them much more flexibility to manage their own hours.

Regional coastal and rural areas benefit

It should be noted that regional Australia has really benefited from the rise in solo practitioners too, with talented lawyers embarking on sea-changes and tree-changes, moving out of the big cities and bringing their expertise with them.

Technology, of course, makes this all possible. Lawyers can still stay in touch with peer groups if they want to peer review cases, or simply obtain a second opinion. A lot of seminars and webinars which keep practitioners up to date with changes to the law, or other information that’s important to the profession as a whole, are also available online.

For clients seeking legal advice, there are significant advantages of this increase in solo practitioners.

Firstly, it makes access to legal advice easier. Whether clients are looking for an employment lawyer, a family lawyer, a criminal lawyer or a specialist local court lawyer to represent them in court, clients can easily search the internet and find what they need quickly and easily.

Secondly, generally speaking, the person who answers the phone when you make an initial inquiry will be the lawyer actually working on the case, which speeds up the process in many instances too (where there isn’t a reliance on other factors, such as dates set by the courts). With fewer people involved in the workflow process, clients benefit from a streamlined service.

More choices when it comes to getting the right legal advice

The final benefit for clients is financial. Because these small practices are cheaper to run than the big firms (they have lower overheads), savings can be passed onto clients via way of lower fees. Increasing competition means that service fees become standardised across practice areas.

In many cases, lawyers are beginning to offer fixed fees for straight forward legal matters, but they’re also in a better position to negotiate if they choose to and the circumstances require it.

It has to be said that although cost shouldn’t be a factor when you’re accessing specialist advice of any kind (medical, technical, legal) most lawyers are aware that it is a consideration for many who find themselves inadvertently in trouble with the law or suddenly needing legal advice.

While it is possible to represent yourself in local court, and there is a proliferation of resources available for free on the internet including template contracts and agreements, the right legal advice for your personal circumstances should never be under-rated.

There are plenty of people who have tried to go it alone, only to end up realising they did need legal advice after all.

The law, no matter what area: commercial, criminal, copyright etc – is incredibly complex – to turn your back on professional knowledge and expertise can be to do so at your peril.

This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, please contact us. 

If you have a specific legal matter you’d like to discuss, please contact us. We service the area from Coffs Harbour to Byron Bay, Ballina and Tweed Heads regions on the Far North NSW Coast. We also represent children and juveniles in the Children’s Court as well.

To learn more about The Local Court Lawyers, see our What We Do page.

The post The rise of solo legal practitioners … and what that means for clients. appeared first on Local Court Lawyers.

A high-visibility police operation took place at the four-day Byron Bay festival – Splendour In The Grass – with 350 drug detections and a “record ammount” of more than 3kg of illicit drugs seized, predominantly MDMA tablets and to a lesser extent cannabis and cocaine. Approximately 200 people charged with drug offences.  Drug possession and drug supply comprise most of the offending. “This year, a record amount of prohibited drugs was seized at Splendour in the Grass,” Tweed/Byron Police District Commander Superintendent Dave Roptell said.

Byron Bay Local Court has now added extra sitting days to handle the extra workload posed by visitors caught drink driving or those caught in possession of drugs in Byron Bay and the festival.

Tweed Heads Local Court also sees Splendour In The Grass related charges

A 21-year-old man was arrested after he was allegedly caught with more 220 MDMA tablets, cocaine and cannabis inside a car at the site’s campgrounds. He was charged with supplying a prohibited drug greater than an indictable quantity and possessing a prohibited drug. He was granted conditional bail to appear at Tweed Heads Local Court on Monday August 5.

Record crowds at Splendour 2019

Festival crowds were also at a record high this year, with 42,000 people attending the event up from 37,000 in 2018. NSW Health said there were no critical patients transported at the festival.

If you find yourself in the unenviable position of being ordered to appear in the Byron Bay Local Court or Tweed Heads Local Court for drink-driving, any drug related matter, or any other local court matter…. You can call The Local Court Lawyers (click here).

Check out our website for a raft of information for local court appearances.

The Local Court Lawyers, working in criminal and traffic matters in the local courts in Byron Bay, Ballina, Tweed Heads, Lismore, and all round the north coast of NSW.

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PENALTIES FOR LOW RANGE DRINK DRIVING

(s110(1) of the Road Transport Act)

THESE PENALTIES APPLY UNLESS YOU TAKE THE MATTER BEFORE THE COURT where you may argue that no conviction (no loss of license and no fine) is the appropriate penalty, once the Magistrate understands (i) your personal circumstances, (ii)  the circumstances of how you came to commit the offence (and the objective seriousness of these circumstances) and (iii) sees your prior traffic and criminal history,

PENALTIES FOR DRIVING WITH A TRACE OF CANNABIS, SPEED/ICE, MDMA/ECSTASY, OR COCAINE IN ORAL FLUID, BLOOD OR URINE

(s111 of the Road Transport Act)

THESE PENALTIES APPLY UNLESS YOU TAKE THE MATTER BEFORE THE COURT where you may argue that no conviction (no loss of license and no fine) is the appropriate penalty, once the Magistrate understands (i) your personal circumstances, (ii)  the circumstances of how you came to commit the offence (and the objective seriousness of these circumstances) and (iii) sees your prior traffic and criminal history

If you are facing a local court appearance, contact us for advice.

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In 2017, there were 16,418 people who faced a local court in NSW for a drink-driving offence. That’s low-, mid- and high-range drink driving offences, which all fall under s110 of the Road Transport Act.  For anyone charged from 3 December 2017, the penalties for mid-range (1^st offence) drink drivers now includes a mandatory interlock order (or interlock exemption and very long disqualification period).

Assaults are another common charge in a NSW local court.  Common assaults (which tend to be at the lower end of the scale in terms of damage caused to the victim, and the resultant sentence), assault occasioning actual bodily harm (that typically might involve punches and scratches), and then the very serious assault occasioning grievous bodily harm (that might result in bleeding, broken bones, etc), combined, comprised 12,951 matters in the NSW local courts in 2017.

Also making the list, reflecting the need for a license or merely the temptation to drive (despite not being permitted to do so), is drive while disqualified or suspended.  In 2017 there were 12,461 matters before the NSW local courts for these offences, making this a highly prevalent form of offending.  Regional areas, like the Byron and Ballina areas, are rife with this type of offending.

For drug possession, 10,889 faced a local court, in 2017, and this charge canvasses all manner of drugs, and is particularly popular in Byron Bay at Splendour in the Grass, Falls Festival and Bluesfest.  Please don’t think drug possession on the north coast of NSW is limited to these festivals – Byron Bay and Ballina shires frequently have drug-sniffing dog squads patrolling the shops and bars, and it’s common for the dogs to do a round or two of many pubs and clubs in town.  Drug possession is generally a charge under s10 of the Drugs Misuse and Trafficking Act.

Also in 2017, 7,399 people faced the local court for a drug-driving offence.  Virtually all of these people were UNimpaired by drugs at the time they were detected.  The police mobile random drug testing kits will return a positive result for even a small trace of (some) drugs – such as cannabis, meth, MDMA, ecstasy, cocaine, to name a few……. – that are detected in an oral fluid sample of a driver.  The charge falls under s111 (or, to a lesser extent, s112) of the Road Transport Act in NSW and involves a roadside saliva test, a further test on the Dragar machine, and then a final analysis of the oral fluid sample is sent to police forensic testing (FASS), in Sydney.  It can easily take 4-8 weeks from the initial roadside result, until the driver has to face court.

The penalties for these offences vary, depending on many factors, in addition to the maximum penalties set-out in the legislation.  Matters like the defendant’s criminal or driving history, subjective characteristics that might be reflected in character or work references, circumstances surrounding the offending conduct and whether or not there were any mitigating factors, the objective seriousness of the offence (which also takes into account the circumstances in which it was committed), history of similar conduct and/or history of compliance with court orders, need for a license, ability to pay a fine, demonstrated remorse, any aggravating factors, and importantly the law and prevailing range of penalties.

If you need legal advice, please call or email us from the “contact us” page of the website or use FaceBook messenger.  This document is not intended to provide legal advice.  Hopefully it’s been informative, or maybe even be interesting – but it’s not legal advice.

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