Drug Driving Lawyers Queensland
Brisbane, Toowoomba, Gold Coast, Queensland
Have you recently been charged with a drug driving offence?
It is often mandatory for the Court to disqualify your driver licence. The period of disqualification differs depending on a number of factors
Don’t go it alone – call us. Our experienced traffic offence lawyers know the relevant law. We also know the most important information to put before the Court that will give you the best chance of securing a shorter disqualification period and obtaining a restricted licence, special hardship (work) licence as a result of your drug driving charge. Our law firm is able to assist you for a fixed fee price in simple matters.
We can assist you
There are two offences which you can be charged with if you test positive for illicit drugs, whilst driving a vehicle. The first, is the offence of driving whilst under the influence. This effectively means that you are driving or in charge of a motor vehicle, whilst you are under the influence of illegal drugs. This is the more serious offence you can be charged with and can carry heavier penalties.
The second offence you can be charged with is driving whilst relevant drug is present in your system. This means that the illegal drug is in your system but is not at such a level that it has impacted or influenced your driving. This is the less serious offence of the two, but we still recommend that you obtain legal advice if you are charged.
It is important to note that illicit drugs can stay in your system for extended periods of time. The amount of time depends on the type of drugs that you may have consumed.
There are serious consequences for these two offences, particularly if this is your second or more offence in a five year periods. A sentence imposed could be possible fines, or in serious cases actual imprisonment. Your penalty depends on a number of possible matters. Relevant factors which influence which penalty you receive includes: the level of drugs in your system, whether you were under the influence to such an extent that it measurably affected your ability to drive a vehicle, whether you are a repeat offender, the nature of the traffic offence generally, your traffic history generally and your personal circumstances.
In some circumstances, your licence may be immediately disqualified from the time that you are charged. In others, your licence may only be disqualified when you are sentenced after pleading guilty before a Magistrate in Court. Book an appointment with us and we can talk you through the different situations.
Options
We are able to assist you with a plea of guilty in the Magistrates Court as we assist clients across South East Queensland and the broader Queensland community.
Alternatively, we can assist you to fight this matter by entering a plea of not guilty and electing for a trial. This involves the Police being required to prove all of the elements of the charges beyond a reasonable doubt. If they are unsuccessful, you are found not guilty.
Part of the process includes negotiating with Police Prosecutions on your behalf. This is to see if we can achieve a resolution of your matter by consent and without the need to proceed to a full trial.
If you plead guilty, you may qualify for a restricted driver’s licence, special hardship drivers licence (aka work) if you fit these criteria:
- You must hold a current Queensland open driver’s licence;
- Your licence has not been suspended, cancelled or disqualified in the last five years;
- You must not have been convicted of dangerous driving, drink driving, drug driving or similar offence in the last 5 years;
- You must be charged with driving while a relevant drug was present in your system but not to such an extent that you are charged with the more serious charge of driving while under the influence of a drug;
- Not have been driving on a licence which required your blood alcohol level to be zero;
- Not have been driving for work or any activity directly connected with your work or on a work licence already at the time of your charge.
Our Traffic Law Team
