Driving Whilst Licence Suspended with Illicit Drug Present in Oral Fluid, Unrestrained Passenger and Possession of Prohibited Drug – Minor Fines and Conditional Release Order

PZ was faced with charges of ‘Drive motor vehicle with illicit drug present in oral fluid’, contrary to Section 111(1)(a) Road Transport Act 2013, namely cannabis and cocaine, ‘Possess prohibited drug’, contrary to section 10(1) Drug Misuse and Trafficking Act 1985, ‘Drive motor vehicle whilst suspended’, contrary to section 54(3)(a) Road Transport Act 2013 and Drive with one unrestrained passenger’, contrary to section 265(3) Road Rules 2014.

Chris Cole represented PZ in these matters at Waverley Local Court. With respect to the offences of ‘Drive with illicit drug present in oral fluid’, his second instance of this same offence in the previous 5 years, and ‘Drive whilst license suspended’, Her Honour, without proceeding to conviction, ordered PZ enter a Conditional Release Order for a period of 2 years. With respect to the offence of ’Possess prohibited drug’, Her Honour convicted PZ and fined him $350. With respect to the ‘Drive vehicle with unrestrained passenger’ Her Honour convicted PZ and fined him $500.

These are, frankly, outstanding results, noting in particular that PZ already had a history of drug possession and driving offences.

Drove whilst licence was suspended, no conviction recorded

R v MT

MT was charged with ‘drive whilst licence suspended’ contrary to section 54(3) of the Road Transport Act. That offence carries a maximum term of imprisonment of six months, and a maximum fine of $3,300.00.

Chris Cole represented MT and the matter came before the Downing Centre Local Court.

Affidavits and character references were tendered, and the presiding Magistrate chose not to record a conviction against MT. The matter was dismissed pursuant to section 10(1)(a) of the Crimes (Sentencing Procedure) Act.

This was a great result for MT who did not receive a criminal record and was able to continue driving.