Illegal Drug Driving in SA? How to Defend Your Case
What the Offence is
In South Australia, driving with a prescribed concentration of drugs in your oral fluid or blood is a serious offence under the Road Traffic Act 1961 (‘RTA’). Specifically, this offence is outlined in Section 47BA of the Act. The law stipulates that it is illegal to drive a motor vehicle if you are impaired by drugs or if you have certain prescribed drugs in your system.
Why You Need Legal Advice
Driving with a prescribed concentration of drugs in your oral fluid or blood is a serious offence with significant penalties in South Australia. It is crucial for drivers to understand the legal limits and the severe consequences of violating these laws. If charged, it is advisable to seek legal assistance to explore potential defences and mitigate the penalties. Contact Stanley & Co Lawyers.
Helpful Questions & Answers
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What the Prosecution Needs to Prove (Elements of the Offence)
To secure a conviction for a drug driving offence, the prosecution must prove beyond reasonable doubt the following elements:
- Identity of the Driver: That the person charged was the driver of the vehicle.
- Driving on a Public Road: That the driving occurred on a public road or a place to which the public has access. The definition of a road can vary depending on the circumstances, so it is important to speak to a lawyer to determine whether you have a defence.
- For Prescribed Drugs: The driver had a detectable amount of a prescribed drug in their oral fluid or blood, confirmed through a drug screening test.
The Relevant Court
Drug driving offences are generally heard in the Magistrates Court of South Australia.
What Defences are Available
Several defences can be raised in response to a drug driving charge, including:
- Challenging the Accuracy of the test: The device must be in proper working order and properly operated, if it is not, questions may be raised about the accuracy of the result.
- Challenging the legality of the test: The police must follow procedures to ensure they have authority to conduct the test and advise you of your rights in relation to the test. If they do not this could be a defence to the charge depending on the extent of the breach.
- Prescription Medication: Arguing that the presence of the drug was due to legally prescribed medication taken according to the doctor’s instructions.
What are the Specific Maximum Penalties for the Offence
The penalties for drug driving offences under the RTA vary based on the specific nature of the offence and whether it is a first or subsequent offence. The penalty for Driving Under the Influence of Drugs under Section 47BA(1)(a) are as follows:
- First offence:
- Fine: $900 - $1,300
- Licence disqualification: Minimum of 6 months
- Second offence:
- Fine: $1,100 - $1,600
- Licence disqualification: Minimum of 12 months
- Third offence:
- Fine: $1,500 - $2,200
- Licence disqualification: Minimum of 2 years
- Subsequent offence:
- Fine: $1,500 - $2,200
- Licence disqualification: Minimum of 3 years
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