Driving While Impaired by Drugs (Drug Driving)

By Doogue + George Criminal Defence Lawyers


Maximum Penalty for Driving While Impaired by Drugs (Drug Driving) in Melbourne – How serious is this charge?

There is a maximum penalty of 18 months of imprisonment or a fine of 180 penalty units for anyone found guilty of Driving While Impaired by Drugs (Drug Driving). This is a moderate offence which may carry a prison term on a finding of guilt. It is primarily heard before a Magistrate in the Magistrates’ Court.

 

The legislation on Driving While Impaired by Drugs (Drug Driving)

Section 49 of the Road Safety Act 1986 is the relevant law for Driving While Impaired by Drugs (Drug Driving) and is as follows:

                                                       

Offences Involving Alcohol or Other Drugs

 

(1) A person is guilty of an offence if he or she-

 

   (a)  drives a motor vehicle or is in charge of a motor vehicle while under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the motor vehicle; or

...

        (ba) drives a motor vehicle or is in charge of a motor vehicle while impaired by a drug; or

...

(other details of section omitted)

 

Pleading guilty or not guilty to Driving While Impaired by Drugs (Drug Driving) in a Melbourne Court

Deciding on whether to plead guilty to Driving While Impaired by Drugs (Drug Driving) or not has important implications for you and should be made after proper discussions with a criminal defence solicitor. If you are found guilty, there could be severe consequences.

 

Elements of the charge of Driving While Impaired by Drugs (Drug Driving) in a Melbourne Court

The Prosecution must show that the defendant was driving or was in charge of a motor vehicle while impaired by a drug.

 

Defending the charge of Driving While Impaired by Drugs (Drug Driving) in a Melbourne Court

Defences that are often run in relation to this charge are factual dispute and wrong use or wrong condition of the drug analysing instrument. There are also cases wherein the defendant took a permissible non-prescription or prescription drug but that the defendant did not know or could not have reasonably known that the use and/or combination of permissible drugs could impair driving.

 

For more information on Driving While Impaired by Drugs (Drug Driving), you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here).

 

Doogue & O’Brien Melbourne can provide you more detail about this

Our Head Office is at 5/221 Queen Street, Melbourne

Phone (03) 9670 5111 (24 hrs if you are in a Police Station)

www.criminal-lawyers.com.au/Melbourne-criminal-lawyers

 

This article was written on Sept. 12, 2012 and relates to the law that it stands at this time.

 



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