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Drive while impaired by drugs
Drive while impaired by drugs
What the Law states - Drive while impaired by drugs (drug driving)
Road Safety Act 1986 - SECT 49
Offences involving alcohol or other drugs49. Offences involving alcohol or other drugs
(1) A person is guilty of an offence if he or she-
(ba) drives a motor vehicle or is in charge of a motor vehicle while impaired by a drug;
Maximum Penalty for the charge of Drive while impaired by drugs (drug driving)
First offence: 12 penalty units
Second offence: 12 months / 120 penalty units
Subsequent offence: 18 months / 180 penalty units
Note: A person who is guilty of an accompanying driver offence is liable to a fine of not more than 5 penalty units.
What the Prosecution must prove - Drive while impaired by drugs (drug driving)
(a) The accused was driving or in charge of the motor vehicle.
(b) The accused was impaired by a drug.
STREET NAMES
Driving impaired, driving under influence of drugs, drug driving
Possible Defences - Drive while impaired by drugs (drug driving)
(a) Factual dispute.
(b) The drug was a permissible non-prescription or prescription drug and the person did not know and could not reasonably have known that the use and/or combination of permissible drugs would impair driving.
(c) The drug analysing instrument used was not in proper working order or not properly operated.
Which court will hear the charge of Drive while impaired by drugs (drug driving)
Magistrates' Court.
