Drug Driving Offences
If you have been charged with a drug driving offence The Local Court Lawyers can help. We will guide you through every step of the process with the focus of getting you the best possible outcome.
Here’s a bit more information on Drug Driving Offences:
There are 2 common drug-driving offences under the Road Transport Act in NSW that apply to:
- A driver; and
- A person occupying the drivers seat, and attempting to put the vehicle in motion; and
- A person supervising an “L plate” driver.
Be aware that of the content below applies to all these people.
- S111 of the Road Transport Act: makes it illegal to drive while there is a prescribed illicit substance present in an oral fluid, blood or urine sample.
NOTE: under this section, a person does not have to be under the influence of the drug. It has often been the situation that a person has ingested the drug (e.g. smoked a joint, or had a line) days before being tested and if the drug is still in their oral fluid sample, the offence is established. This is not the situation with alcohol – if you drive when you are sober, but you had a drink a few days before, you are not breaking the law and the drinks you had days ago will not show up on the testing device.
- S112 of the Road Transport Act: makes it illegal to drive while under the influence of an illicit substance.
NOTE: under this offence the drug-test reveals the person is driving while they are still under the influence of the drug being tested.