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Traffic & Driving

Drug Driving

A positive roadside test is not the end of the matter, the outcome depends on how it is run.

Drug driving in NSW covers driving with an illicit drug present in your system (detected by a roadside test) and the more serious charge of driving while impaired by a drug. Many people are surprised to be charged days after use, because the presence offence does not require impairment.

City Group Legal appears in drug-driving matters across Sydney. For many first offences a non-conviction is achievable with the right preparation; where there is a defence, we run it.

What's at stake. Presence of an illicit drug carries fines and a licence disqualification, with heavier penalties for repeat offences. Driving under the influence of a drug is more serious and can carry imprisonment. A court can decline to record a conviction in appropriate cases.

How we defend drug driving

We look at the testing procedure, the timing between use and driving, and whether a non-conviction is available given your record and circumstances. Where a plea is the right course, we prepare it to give you the best prospect of keeping your licence.

Frequently asked

I wasn't affected when I drove, is that a defence?

For the presence offence, impairment is not required, so 'I wasn't affected' is not itself a defence. But it can be relevant to penalty, and there are sometimes issues with the testing or the honest-and-reasonable-mistake defence worth examining.

Can I keep my licence?

For many first offences a court can decline to record a conviction, which means no disqualification. It has to be earned with the right preparation, and depends on your record and the circumstances.

The earlier we start, the more we can do.

Whether you’ve been charged, arrested, or are helping a family member, the earliest advice is the most valuable.