- Been charged with a
Drug driving offence?
Phil Simpson – With over 25 years experience, Phil can assist with getting you back on the road sooner, and even the possibility of having your drug driving charges dropped. Contact Phil today.
Expertise
With over 25 years experience I have represented thousands of clients in a wide variety of cases.
Clear Focus
I predominatley represent clients in driving offences, traffic offences and criminal offences.
Customer Satisfaction
My dedication to client satisfaction is unmatched, providing personalised service and exceeding expectations.
- Drug driving offences
Going to Court for Drug Driving?
Phil Simpson has been a Barrister at the Victorian Bar for over 25 years. During this time, he has appeared for thousands of clients in a wide variety of cases. Phil spends most of his time appearing in the Magistrates’ Court for people who have been charged by the Police with driving offences.
Phil has a thorough knowledge of the law and is also pragmatic. He is known for his down-to-earth approach. He works hard for his clients and he is determined to get each of his clients the best possible outcomes.
Phil understands that the Court process can be a very stressful experience for the person charged as well as their partners, parents and family. Sensitive to this, Phil will always take the time to thoroughly explain to every client the steps that are involved in achieving the best outcome. He will explain the “legal speak” in a way that makes sense. He will meet with you in person and he is also available via text, phone and email to answer any questions that you may have.
Drug Driving Melbourne
Drug driving offences - Get expert advice
It is important to get expert advice as to whether or not you have a potential defence to your charges. Charges for drug driving are set out in Section 49(1) of the Road Safety Act 1986. If you are found guilty or plead guilty to a drug driving offence, there are mandatory licence loss provisions. The penalties can also vary considerably depending on whether you have a prior history of similar offending.
The most common drug driving offences found in Section 49(1)(bb) and 49(1)(h) of the Road Safety Act.
49(1) A person is guilty of an offence if he or she
(bb) drives a motor vehicle or is in charge of a motor vehicle while the prescribed concentration of drugs or more than the prescribed concentration of drugs is present in his or her blood or oral fluid; or
(h) within 3 hours after driving or being in charge of a motor vehicle provides a sample of oral fluid in accordance with section 55E and
(i) the sample has been analysed by a properly qualified analyst within the meaning of section 57B and the analyst has found that at the time of analysis a prescribed illicit drug was present in that sample in any concentration; and
(ii) the presence of the drug in that sample was not due solely to the consumption or use of that drug after driving or being in charge of the motor vehicle;….
While you may receive a Charge and Summons to attend Court for the offence of Drug driving, for a first offence, these matters are often finalised by way of a Traffic Infringement Notice. Regardless of whether you are issued a Traffic Infringement Notice or a charge and summons to attend Court, the minimum licence loss provisions are the same.
A person who is guilty of a drug driving offence under 49(1)(bb) or 49(1)(h) is liable to a fine of not more than 12 penalty units (first offence), not more than 60 penalty units (second offence) and for any subsequent offence, to a fine of not more than 120 penalty units. As you can see, the maximum penalties can increase significantly each time you go to Court.
Can I Go To Jail for Drug Driving?
No, you cannot go to jail for the offence of drug driving under 49(1)(bb) or 49(1)(h) of the Road Safety Act. However, the Magistrate may have you assessed as to your suitability for a Community Corrections Order. These can be quite onerous and will often involve supervision by the Office of Corrections together with unpaid community work. The likelihood or otherwise of being sentenced to a Community Corrections Order depends on a number of factors. If you have relevant priors for drug driving offences, it’s important to seek advice about potential sentencing outcomes as soon as you are served with your charge and summons to attend Court.
Licence loss for drug driving offences
On convicting a person, or finding a person guilty of an offence of drug driving, the court must, if the offender holds a driver licence or learner permit, cancel that licence or permit and, whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for at least 6 months (first offence) and in the case of a subsequent offence, for a period of at least 12 months.
Licence loss exception – Section 49(1F) Legal Medicinal Cannabis
If you are charged with a drug driving offence under section 49(1)(bb), (h) or (i) and the drug that is detected relates to the use of a prescription drug that is a legal medicinal cannabis product that is used in accordance with a prescription or other authority you may be able to keep your licence. Upon a conviction or a finding of guilt, the court may, if the offender holds a driver licence or learner permit, cancel that licence or permit and, whether or not the offender holds a driver licence or learner permit, disqualify the offender from obtaining on for at least 6 months (first offence) and at least 12 months (subsequent offence). The important word is “may.” A licence suspension/cancellation is no longer mandatory in these circumstances.
The inclusion in the Road Safety Act of Section 49(1F), creates a discretion for a Magistrate that did not previously exist. A Magistrate now has the discretion to finalise a drug driving matter without interfering with a person’s licence, if the medicinal cannabis had been appropriately prescribed and was being used in accordance the prescription or other authority.
This doesn’t mean that drug driving in these circumstances is not an offence. Rather, it simply creates a limited opportunity for a Magistrate to finalise this type of matter without interfering with the person’s capacity to drive. This is a discretion and a Magistrate will need to be satisfied about all relevant matters. If you find yourself in this category, preparation is important in order to maximise your chances of a favourable outcome. It’s important to get the right advice and to prepare properly. The right preparation and material can keep you on the road.
Drug driving offences
The charge for drink and drug driving is set out in Section 49(1) (bc) of the Road Safety Act 1986. If you are found guilty or plead guilty to a drink and drug driving offence, the penalties are significant. The penalties can also vary considerably depending on whether you have a prior history of similar offending. If you plead guilty (or are found guilty by a Court) for a drink and drug driving offence, mandatory licence loss provisions apply.
The licence loss provisions can be found in Schedule 1AB of the Road Safety Act 1986. The minimum disqualification periods are significantly higher than for the offence of drink driving (without drugs) and much more significant than for drug driving (without alcohol). It’s important to note that you can go to jail for a second or subsequent offence of drink and drug driving. The maximum jail terms vary according to one’s history of prior offending and the alleged concentration of alcohol for the particular offence. The maximum jail terms can range between 6-18 months.
The minimum licence loss will depend on whether you have offended against Section 49(1) of the Road Safety Act in the past 10 years. The 10-year rule operates from the date that the previous offence was dealt with by the Court, to the date that the current offence took place.
Specific Offences
In my experience, most people discover that, once they have some information and knowledge about the process and the appropriate next steps, they feel less anxious and much better equipped to make an informed decision about their various options.
The most common drug driving charges under Section 49 (1) of the Road Safety Act 1986 are as follows
- Driving under the influence of intoxicating liquor or drugs
- Drug driving
- Driving while impaired by a drug
- Drink and drug driving
- Refusing to undergo a preliminary oral fluid test
It is important that your case is carefully prepared so as to minimise the potential impact on you and your livelihood. It is best to get advice early in order to maximise your chances of a positive outcome.
Drug Driving Lawyers Melbourne
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Possible Defences to Drug driving offences
Drug driving offences Community Corrections Orders
Drug driving offences Melbourne
Drug driving offences Jail Sentences
Minimise the potential impact on you and your livelihood
Drug driving offences Victoria
What’s the process if I get charged by the Police?
If you get intercepted by the Police in relation to a drink and drug driving offence, you should make contact with me via text, phone or email. I can provide you with preliminary advice and explain your options to you. If you receive a charge and summons from the Police attaching a preliminary brief of evidence, I recommend that you get in touch to book an appointment.
The preliminary brief of evidence
The preliminary brief of evidence is the document that gets served on you by the Police. While it may be served on you personally, it is usually served via regular post. This document will contain the charge and summons, together with the statement of alleged facts, witness statements, a list of exhibits and the evidence on which the Police intend to rely. The Preliminary Brief will also contain any prior offending that is alleged against you.
The Preliminary Brief is an important document as it provides an outline of the Police case against you. Depending on the nature of the offence/s against you, it may also contain a DVD/CD of your Record of Interview with the Police. It’s important to place these documents somewhere safe so that you don’t lose them.
When attending an interview with me, I will need to see a copy of the preliminary brief of evidence in order to provide advice about the best way forward.
Pre-hearing disclosure
As part of the pre-hearing disclosure process, I will also obtain a copy of the Body Worn Camera footage directly from the Police Informant. Don’t hesitate to call, text or email me if you have been interviewed or if you have received a charge and summons to appear at Court.
Drug Driving Barrister Melbourne
Being charged by the Police can be very stressful
In my experience, there are many reasons why people find themselves charged with drink and drug driving offences. It’s easy to feel like a criminal, even if it’s your first time before a Court. After more than 25 years in the Criminal Courts, I recognise that good people often find themselves charged with drink and drug driving offences. Common reasons for offending are as follows:
- An uncharacteristically bad decision
- Challenging personal circumstances such as mental-health or family struggles
- A misunderstanding about your rights and obligations
- Peer group pressure
- Addiction
- A lack of understanding about potential penalties
- Being uninformed about the elimination rates for drink and drugs from the body
It is my job to maximise your chances of staying on the road
Whatever the reason that you find yourself charged with an offence, it’s important to get advice from someone who understands the complexities, the process and the law.
In preparation for your matter, I will meet with you personally, listen to your story, analyse the facts and provide advice on the law. I will also make suggestions about individuals and agencies that may assist with the preparation of appropriate reports that will assist to minimise your penalty.
Victorian Courts I Attend For Drug driving offences
Drug driving offences at Ringwood Magistrates Courts
Drug driving offences at Moorabbin Magistrates Courts
Drug driving offences Heidelberg Magistrates Courts
Drug driving offences at Wyndham Magistrates Courts
Drug driving offences at Melbourne Magistrates Court
Frankston Magistrates Court in relation to Drug driving offences
Dandenong Magistrates Court in relation to Drug driving offences
Broadmeadows Magistrates Court involving Drug driving offences
Neighbourhood Justice Centre relating to Drug driving offences
Sunshine Magistrates Court for Drug driving offences
FAQs
What courts do you attend?
When should I start the process of having a lawyer represent me?
The moment you have been faced with any charges or taken in for questioning you should make contact with a lawyer immediately.
What is better, a solicitor, lawyer or barrister?
Which Regional Court In Victoria Do You Attend?
Drug driving offences At Regional Victorian Courts
- Ararat Magistrates Court
- Bacchus Marsh Magistrates Court
- Bairnsdale Magistrates Court
- Ballarat Magistrates Court
- Benalla Magistrates Court
- Bendigo Law Courts
- Castlemaine Magistrates Court
- Cobram Magistrates Court
Victorian Courts Drug driving offences
- Colac Magistrates Court
- Corryong Magistrates Court
- Dromana Magistrates Court
- Echuca Magistrates Court
- Edenhope Magistrates Court
- Geelong Magistrates Court
- Hamilton Magistrates Court
- Hopetoun Magistrates Court
- Horsham Magistrates Court
Drug driving offences At Regional Victorian Courts
- Kerang Magistrates Court
- Korumburra Magistrates Court
- Kyneton Magistrates Court
- Latrobe Valley Magistrates Court
- Mansfield Magistrates Court
- Maryborough Magistrates Court
- Myrtleford Magistrates Court
- Portland Magistrates Court
Drug driving offences Victorian Courts
- Sale Magistrates Court
- Seymour Magistrates Court
- Shepparton Magistrates Court
- St Arnaud Magistrates Court
- Stawell Magistrates Court
- Wangaratta Magistrates Court
- Warrnambool Magistrates Court
- Wonthaggi Magistrates Court
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