If you intentionally drive under the influence of drugs, you should be punished. However, it is not only illegal drugs lead to charges of drug driving. Maybe you took prescribed pain killers, blood pressure medicine, anti-nausea pills, dosages to combat allergies, medication to reduce inflammations and fungal infections. Perhaps the tranquillisers, sedatives or sleeping pill you took lasted longer than the warning label stated. In addition, some diet pills, cold and flu medicines may cause reactions similar to a drugged driver.
The laws for Drug Driving Nsw are understandably severe, as it is not legal to drive, teach driving or even attempt to drive while drugs are affecting you. If the police believe you might be impaired, they will arrest you, take you to the hospital and test your urine and blood for drugs, especially in automobile accidents where someone is hospitalized.
A conviction of a drug driving offence can lead to (i) demerit points, (ii) suspension or cancellation of your licence, (iii) fines and penalties and, of course, (iv) prison.
For someone who intentionally drove under the influence of drugs, these sentences are justified. For others, there are defences to these charges.
Some of these defences include (i) those using medicinal marijuana, (ii) the police are unable to prove who the driver was, (iii) the subject vehicle was not driven or put into motion, (iv) the drug tests were improperly performed by the police and (v) inconsistent drug levels of the driver from when the test was carried out to when the person was driving.
A skilled attorney will know how to best protect you from offences relating to Drug Driving Nsw.
According to Legal Aid NSW, there are certain things you should know and do at trial.
First, people are most commonly charged with (i) driving under the influence of a drug (where you are actually affected), (ii) driving with an illicit drug present in oral fluid, blood or urine (where the drug only needs to be detected in your system, even if it is not affecting you), and (iii) refusing to be tested.
To prepare for court, you should (i) obtain character references, (ii) prepare what you want to say ahead of time, (iii) not drive to court, in case you lose your license, and, most importantly (iv) follow the advice of your lawyer.
Finally, there is a Magistrates Early Referral Into Treatment (MERIT) Program, which is a voluntary 12-week program where adults with drug problems can seek rehabilitation. Often times, the court will postpone your court proceedings while you complete the program and take these positive actions into consideration when sentencing you.
In order to work toward the best outcome, it is vitally important that you retain lawyers experienced in Drug Driving Nsw.