Prescribed Drug in System
The offence of driving with a prescribed drug in your system is similar to a PCA offence in that all is required to convict of the offence is if the Police can prove beyond reasonable doubt that you were:
- Driving, or were a driver trainer in a motor vehicle;
- On a road or road-related area; and
- You tested positive for a prescribed drugs was shown to be in your system.
For the purposes of this section, prescribed drugs are defined as any of the following:-
- Delta-9-tetrahydrocannabinol (more commonly known as THC, or cannabis);
- N,α-Dimethyl-3,4-(Methylenedioxy)phenylethylamine (more commonly known as MDMA)
A person can be randomly asked to submit to an oral fluids test for drugs. Random oral testing for drugs such as cannabis can detect the presence of this drug many hours after use. Urines tests can show this drug up for up to weeks after use.
The maximum penalty for this charge depends on whether a person is a first or a repeat offender. In either case, the starting point at sentencing would be for the Court to record a conviction, impose a fine and disqualify your licence for three years, for a first offence and five years for a second offence. For a second offence, the Court may also impose a period of imprisonment up to three months for a driver of the motor vehicle.
WHERE TO NEXT?
In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.