Drug Driving and Disqualified Driving – Fine

Our client had been intercepted for a random drug driving test and was tested positive to cannabis and methamphetamine. He was also driving on a suspended licence and was in breach of a suspended sentence (3 months).

He was charged with:

  • Drive Disqualified
  • Drug Driving

Shaun Pascoe represented our client at the Heidelberg Magistrates’ Court.

Our client had an otherwise unremarkable Court history and had consumed the illicit drugs several hours before he was intercepted by the Police. The Prosecution case was not that the accused’s driving was impaired, but that under the Road Safety Act, any concentration of a prescribed illicit drug is sufficient to allow the Prosecution to charge a person with a drug driving offence.

The client’s licence was suspended due to a traffic infringement notice and he had only decided to drive after his girlfriend complained of chest pains. In the period leading to the Court hearing, our client had disassociated himself from his previous negative peer group and had abstained from drug use.

We were able to demonstrate that our client had embarked upon a course of rehabilitation and that the breaching offence was of a vastly different character to the offence for which he received a suspended sentence.It was submitted that the circumstances a term of 3 months immediate imprisonment would be unjust.

Our client was fined and his licence cancelled and disqualified for the minimum statutory period of 6 months. The Magistrate did not activate the suspended sentence, hence our client avoided 3 months imprisonment.

 


Shaun PascoeShaun Pascoe

Shaun is an Accredited Criminal Law Specialist and a partner of the firm. Shaun runs the Heidelberg branch of Doogue + George.

He is an experienced criminal law solicitor and works hard to achieve the best possible outcomes for his clients. Shaun handles indictable and summary criminal offences and is an expert at criminal defence for both contested and non-contested cases.

Visit Shaun's profile to read more about his background and experience.

DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 25/02/2013