Case: No licence loss for drug driving infringement taken to court.
Our client suffers PTSD and takes medicinal Cannabis for his symptoms. He was randomly pulled over by police and administered an oral fluid test. The test came back as positive for Cannabis. Our client was given an infringement for drug driving that included a mandatory 6 months loss of licence.
Charges/ Ch1 (Drug Driving); Ch2 (Drug Driving within 3 hours)
Result/ $750 fine, no conviction, no loss of licence (Magistrate’s discretion)
We advised our client that police must impose a mandatory 6 months loss of licence for drug driving where you receive an infringement. Our client elected to take the matter to court following our advice that a Magistrate has a discretion to impose no loss of licence. Despite our client having extensive criminal priors (none for Drug Driving however), we provided the Court with compelling character and medical evidence. The Court impose no loss of licence and no conviction based on the unique circumstances.
