P-Plate Drug Violation
A provisional licence holder was recently pulled over for a breathalyser test. During the stop, the police detected a smell of cannabis, leading to a roadside drug test that returned a positive result for cannabis, despite the individual having last used it approximately 18 hours prior. The police searched the vehicle but did not find any cannabis. This is the individual’s first offence, and they have a clean driving record with no previous demerits or points. Guidance is being sought on how to minimize potential charges, especially considering a pending transition to a full licence.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the potential penalties or consequences for testing positive for cannabis as a provisional licence holder during a traffic stop?
Testing positive for cannabis can lead to several penalties, including a fine, loss of your licence, or a disqualification period. Given that it’s a first offence with a clean driving record, the court may consider mitigating factors, potentially reducing penalties. However, strict zero-tolerance policies regarding drugs mean that a licence could be suspended, along with incurring demerit points. The specific penalties will depend on the magistrate's discretion and the exact charge laid.
Should I plead guilty to the charge, and what are the potential benefits and drawbacks of doing so?
Pleading guilty can possibly lead to a more lenient penalty, as it shows remorse and a willingness to accept responsibility. This may expedite the legal process, reducing court time and costs. However, a guilty plea results in a conviction on your record, potentially impacting future driving qualifications and involving fines or licence suspension, even for a first-time offence. Legal advice is recommended to assess the evidence and consider potential defences before deciding.
How is the evidence from the swab test used in court, and does the quantity of cannabis detected affect the outcome of my case?
The swab test determines the presence of cannabis, not the quantity. A positive result is enough to establish a breach of the zero-tolerance policy for provisional licence holders. The court primarily uses this to confirm cannabis presence while driving, and the level detected does not typically influence the case's outcome.
Are there any legal defences available given that I did not consume cannabis on the day of the incident and no cannabis was found in my vehicle?
Limited legal defences may be available due to the cannabis presence in your system while driving, which is an offence regardless of when consumption occurred. However, exploring the accuracy of the test conducted, as well as whether the police had reasonable suspicion to conduct testing, might yield some defences. Consulting a solicitor can provide further insights specific to your situation.
Will this offence impact my ability to get my full driver's licence, and how could it affect my driving record or demerit points?
Testing positive for cannabis as a provisional licence holder can indeed impact progression to a full driver's licence. Typically, a positive test may result in a suspension of at least three months, delaying eligibility for a full licence. This offence typically won’t carry demerit points but will be recorded, which could affect future applications for licences or vehicle insurance.
