What is Driving while there is a Prescribed Illicit Substance Present?

Driving with the presence of certain drugs (other than alcohol) in oral fluid, blood or urine is an offence commonly known as Drug Driving. The most common way people are being charged with Drug Driving offences is through the Mobile Drug Testing (MDT) units being conducted by police. This gives the police an oral fluid sample.

As one of the most reputable Drug Lawyers in Sydney, we know that a person does not have to be impaired by drugs to be charged with a drug driving offence. Simply having a proscribed drug present in your system is enough to support a charge of drug driving.

The Law

Section 111 of the Road Transport Act 2013 (NSW) states:

A person must not, while there is present in the person’s oral fluid, blood or urine any prescribed illicit drug:

  • drive a motor vehicle, or
  • occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
  • if the person is the holder of an applicable driver’s licence (other than an applicable provisional licence or applicable learner licence), occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.

What is a “prescribed illicit drug”?

Section 4 of the Road Transport Act 2013 defines prescribed illicit drug:

  • Active THC (Cannabis)
  • Methylamphetamine (Speed/ice)
  • Methylenedioxymethylamphetamine (MDMA or ‘ecstasy’)
  • Benzoylmethylecgonine (cocaine)
  • Morphine (unless proven for medicinal use)

Jurisdiction / Case Law

An offence of Drive with a prescribed illicit substance present in an oral fluid, blood or urine sample will be heard in the local court.

What must the prosecution prove?

Since Drive while there is a Prescribed Illicit Substance Present in Oral Fluid, Blood or Urine Sample is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt. That is a high standard of proof that the prosecution must achieve before someone can be convicted.

To establish Drug Driving, the prosecution must prove each of the following matters beyond reasonable doubt:

  • You drove a motor vehicle, or
  • occupied the driving seat of a motor vehicle and attempted to put the motor vehicle in motion, or
  • if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence), occupied the seat in a motor vehicle next to a learner driver who is driving the vehicle; and
  • There was the presence of a prescribed illicit drug in the person’s oral fluid, blood or urine.

If you are charged with the offence of Drive with a Prescribed Illicit Substance Present, what are your options?

National Criminal Lawyers have been successful in defending plenty of Drug Driving charges where the prosecution could not establish each of the elements of Dangerous Driving. We have also achieved a number of non-convictions.

It is for that reason that National Criminal Lawyers are the top traffic solicitors in Sydney.

Our Senior Criminal Defence Lawyers, headed by Michael Moussa, one of Sydney’s Best Criminal Lawyers, will ensure that your case is closely examined to achieve the best of results.

NCL offer the following options for those who have been charged with Drive while there is a Prescribed Illicit Substance Present in Oral Fluid, Blood or Urine Sample:

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that the prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Please contact us now for more information about your options.

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn and/or obtaining the least restrictive penalty available.

This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can ensure the evidence is not only obtained properly, but also that your case is prepared and presented to the highest best practice standards possible.

This is also done without breaking your pocket.

2. How a Senior Defence Lawyer can HELP YOU deal with criminal charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience, you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights.

For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights.

This is true not only when the police have just simply got it wrong, OR if they have got it right, then we can speak with you and make sure you get the best result available.