Our client tested positive for cannabis and methamphetamines following a random drug driving test conducted by the police. During this time, he was also driving on a suspended licence and was consequentially in breach of a 3-month suspended sentence. He faced charges of drug driving as well as drive disqualified.
Shaun Pascoe acted on the client’s behalf at the Heidelberg Magistrates’ Court.
The prosecution’s case was based on grounds that, under the Road Safety Act, a person who tested positive for a prescribed illicit drug in whatever concentration may be charged with a drug driving offence. Our client had taken the illicit drugs several hours before he was stopped by the police for the random drug driving test. For his suspended licence, this was due to a previous traffic infringement and our client had only decided to drive after his girlfriend complained of chest pains.
Our client had no remarkable court history. He had since separated from his negative peer groups and has ceased his drug abuse. His prospects for rehabilitation are promising and we were able to show this to the court along with the submission that the nature of his breaching offence was far different from the original offence for which he received the suspended sentence. We explained to the court how an immediate 3-month term of imprisonment would be unjust.
The magistrate was convinced that the suspended sentence must not be activated. Our client was fined and his licence cancelled and disquaified for the minimum statutory period of 6 months.