Drive while impaired by drugs

What the Law states - Drive while impaired by drugs (drug driving)

Road Safety Act 1986 - SECT 49

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

Maximum Penalty for the charge of Drive while impaired by drugs (drug driving)

First offence: 12 penalty units

Second offence: 12 months / 120 penalty units

Subsequent offence: 18 months / 180 penalty units

Note: A person who is guilty of an accompanying driver offence is liable to a fine of not more than 5 penalty units.

What the Prosecution must prove - Drive while impaired by drugs (drug driving)

1. The person was driving or in charge of the motor vehicle.

2. The person was impaired by a drug.

Possible Defences - Drive while impaired by drugs (drug driving)

1. Factual dispute.

2. The drug was a permissible non-prescription or prescription drug and the person did not know and could not reasonably have known that the use and/or combination of permissible drugs would impair driving.

Which court will hear the charge of Drive while impaired by drugs (drug driving)