What is the offence of driving while relevant drug present?
A person must not drive a motor vehicle on a road while they have a relevant drug present in their system.
Queensland police officers can ask you to provide a saliva sample at a roadside drug test to detect the presence of the following substances, known as relevant drugs:
- Methamphetamine—also known as speed and ice.
- MDMA—the active ingredient in ecstasy.
- THC—the active ingredient in cannabis.
What is the penalty?
There is zero tolerance for driving with a relevant drug present. The police only need to establish that there is a relevant drug present at the time of testing. They are not required to demonstrate that your driving was impaired as a consequence or even the effect of the relevant drug on your driving.
A positive test for a relevant drug will result in your driver licence being suspended for 24 hours.
When dealing with your charge of driving with a relevant drug present, a magistrate may:
- disqualify you from driving for between 1 to 9 months
- fine you up to $1,706
- impose a maximum term of imprisonment up to 3 months.
Alternatively, view penalties for charges involving drug driving while under the influence of a drug.
What does the court take into account in sentencing?
There are a number of factors that the court will take into account when determining the appropriate penalty. They include:
- The reason for your driving at the time of the offence.
- Your previous traffic history
- Was the unlicensed driving associated with the commission of another offence?
- Your personal circumstances.
- Any other circumstances the Court considers relevant.
You Can Benefit From Our Experience
If you are facing drug driving charges, an experienced Gatenby Lawyer will provide you with:
- Expert legal advice about your eligibility for a work licence.
- The necessary steps to minimise any penalties imposed.
- Expert advice about the strength of the prosecution’s case.
- A lawyer who will attend court with you.
- Years of experience minimising the charges that come with drug driving convictions.
- A skilled criminal lawyer who will communicate your case in a skilled manner and present persuasive information that is designed to minimise your charges.
Contact our experienced law firm for advice immediately following a drug driving charge on the Gold Coast or in Brisbane by calling (07) 5580 0120 or sending us a message online.