Possible Defences
- You weren’t driving.
- Defective testing apparatus.
- You did not knowingly consume the drug.
- You consumed the drug between the time of driving and the test.
- Police failed to comply with their legal obligations.
How much is the fine for drug driving Victoria?
120 penalty units
They will depend on how many times you have been found guilty before. The fines are: up to 120 penalty units – driving with more drugs than prescribed. up to 180 penalty units or 18 months jail – driving while impaired.
Is drug driving a criminal Offence in Australia?
The consequence for driving under the influence of drugs is treated seriously under Australian law, with penalties ranging from the suspension of an individual’s licence to imprisonment.
How do you beat a drink driving charge in Victoria?
The most common reasons for defending PCA offences are:
- Honest and reasonable mistake.
- Blood alcohol level was lower at the time of driving.
- Police procedure had not been properly complied with.
- Police cannot prove that the person was driving or attempting to put the vehicle in motion.
What do roadside drug tests test for Victoria?
How do random roadside drug tests work? Victoria Police have the right to pull drivers over at any time and test their saliva for traces of illicit drugs including THC – the active component in cannabis, methamphetamines and ecstasy.
Can you plead not guilty to drug driving?
If you plead not guilty to a drug driving offence, you can expect your case to take between 4 to 6 months to reach the trial date. Sometimes the case can take longer than this. In most cases you will not be disqualified whilst the case is ongoing unless there are concerns over your health relating to blackouts etc.
Can you keep your licence after drug driving?
Penalty Points
If you are convicted of a DR40 or DR50 offence then it will stay on your licence for four years from the date of conviction, if a disqualification is imposed, or four years from the date of the offence if you do not receive a driving ban.
What is the normal sentence for drug driving?
A minimum 12-month driving ban. An unlimited fine. 6 months in prison. A criminal record if using illegal drugs.
What happens if you are charged with drug driving?
Penalties can range from:
Disqualification starting at 12 months (36 months for the second relevant offence in 10 years) Unlimited fine. Unpaid Work. imprisonment for up to six months.
How long do police charge for drug driving?
Under normal circumstances, you could face a punishment as severe as 14 years’ imprisonment, but this could be extended further if you were found to be under the influence of drugs at the time of the incident.
What evidence do police need for drink driving?
Usually the police will use a more complex breathalyser at the station to perform a more accurate test, and they may also take blood or urine samples as evidence that you have been drink driving.
What do you say to a judge for drink driving?
You should advise the court of any major achievements in your life or charity work you have performed. Again, proof should be given to the court of such achievements or charity. If you drive a lot of kilometres each year you should provide the court with evidence of this.
Is it worth getting a solicitor for drink driving?
If you get a court summons or are charged with a drink driving related offence by the police you should seek expert legal advice from a solicitor as soon as possible.
What drugs show up on roadside drug tests?
Mobile Drug Testing (MDT) detects the presence of four common illegal drugs: ecstasy, cannabis, cocaine and methamphetamine (including speed and ice). MDT can be conducted at roadside operations along with random breath testing (RBT), or by NSW Police in vehicles patrolling our roads.
How long can roadside drug test detect drugs?
48 hours
In some cases these drugs may be detected by roadside drug screening technology for up to 48 hours after use, though the exact time will vary depending for example on the amount taken, the potency of the drug (ie ice has a much higher potency than speed) and how the drugs have been taken.
What is considered a fail on a drug test?
You fail a drug or alcohol test by testing positive to a drug test, or registering a 0.04 or greater alcohol content.
What is the maximum conviction for drug driving?
The maximum penalty for drink/drug driving is a €5000 fine and/or imprisonment for up to 6 months.
What makes you a high risk offender for drink driving?
High Risk Offender Classification
While being over two and a half times the legal drink driving limit with a blood alcohol concentration that equalled or exceeded: 87.5 microgrammes per 100 millilitres of breath, or. 200 milligrammes per 100 millilitres of blood, or. 267.5 milligrammes per 100 millilitres of urine; OR.
Can you still drive while waiting to go to court for drink driving?
Normally you will be bailed to attend court on a specified date – this means you will be free until that date. Naturally as you will be in an inebriated state the police will not allow you to drive home from the station. You are however free to drive until the date of your court hearing.
Does drink driving always go to court?
The answer is yes you do have to appear at court in person! You are being charged with a criminal offence which carries a minimum mandatory driving disqualification of at least 12 months. Failure to attend court for your hearing may see a warrant issued for your arrest and further charges being brought against you.
What is the maximum fine for drug driving?
Drink or drug driving offences
It is unlawful to refuse to be breathalysed, and you could be fined up to €5000, or be imprisoned for up to 6 months, or both.