Drive vehicle with illicit drug present in blood

The maximum penalty for the charge of drive vehicle with illicit drug present in blood (Section 11B [1a] of the Road Transport [Safety and Traffic Management Act]) is 10 penalty units for the first offence or 20 for the second or subsequent offence.

What the prosecution must prove

To convict you of a drive vehicle with illicit drug present in blood charge, the police must prove each of the following matters beyond a reasonable doubt:

• That there was present in your oral fluid, blood or urine a drug described in the court attendance notice, or a combination of drugs, any one of which was described in the court attendance notice.
• They will also need to prove that you were the person who committed the drive vehicle with illicit drug present in blood offence.

Penalties

The court can impose any of the following penalties:

• Section 10 Crimes (Sentencing Procedure) Act-charge found proven but dismissed.
• Community Service Order.
• Intensive Correction Order (previously known as periodic detention)
• Fine
• Good Behaviour bond.
• Suspended sentence
• Home detention
• Prison Sentence

The likely penalty based on NSW Judicial Commission Statistics for an offence of this nature in the mid- range of seriousness if heard in the Local Court is likely to be a fine of $400.

For first time offenders the likely penalty is $500.

The Local Court has jurisdiction to make orders and determine applications for this matter, except where the defendant is under 18 years of age at the time the application is made. The District Court has jurisdiction where an application by or on behalf of the person for whose protection an apprehended violence order (AVO) is sought has been dismissed by the Local Court or the Children’s Court.