Drug Driving Offence
The individual is facing a charge for driving with an illicit drug detected in oral fluid in New South Wales. This is the individual's first offence of this kind, and they have maintained a clean driving record for the past 14 years. Their driving history includes minor speeding offences, with the last recorded incident occurring many years ago. The individual has held an unrestricted licence since the mid-1990s, indicating significant experience as a driver. There are no existing criminal records for this individual.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkIs it possible to negotiate a lesser penalty or have the charges reduced given my clean record?
Given your clean driving record and no prior criminal history, it is indeed possible to negotiate for a lesser penalty or have the charges reduced for a first-time drug driving offence. The court may consider your circumstances, such as your character and the potential impact of a conviction on your life. Engaging legal representation can help in effectively presenting these factors to the court and possibly negotiating a plea deal or applying for a Section 10 dismissal, which allows the court to record no conviction despite a guilty plea.
What factors can influence the outcome of a first offence drug driving charge?
In New South Wales, factors influencing the outcome of a first offence drug driving charge include the individual's driving history, which is relatively good, along with their attitude towards the charges, such as showing remorse. The court will also consider mitigating circumstances, personal hardship, and evidence of rehabilitation efforts or participation in drug education programs. The nature of the drug, its effect on driving, and the circumstances of the offence also play a role.
How might my past good driving record impact the court's decision or the possibility of a reduced penalty?
Your good driving record can positively influence the court's decision in your drug driving case. Courts often consider a defendant's driving history when determining penalties. A clean record over many years demonstrates responsible driving behaviour, which may be viewed favourably by the court, potentially leading to a lesser penalty. However, outcomes will also depend on other factors, such as the specifics of the offence and any mitigating circumstances you can present.
What are the potential consequences or penalties for a first-time drug driving offence?
For a first-time drug driving offence, potential consequences can include a fine, licence disqualification, and possibly a criminal record. The penalties are governed by local legislation, and generally, offenders may face a fine and an automatic disqualification period, although this can be reduced under certain circumstances.
Are there any diversion programs or interventions available that might be applicable to my case to avoid a conviction?
In New South Wales, for a first offence of driving with an illicit drug, you may be eligible for a diversionary program, such as a voluntary treatment and rehabilitation program. This can help avoid a conviction if completed successfully and could demonstrate your commitment to addressing any underlying issues.
What driving programs can I do?
For a first-time drug driving offence, enrolling in a Traffic Offender Intervention Program can be beneficial. These programs educate offenders on the risks and consequences of unsafe driving and may positively influence the court's sentencing decision.
