Drug Driving Offences in Victoria
Have you received a traffic infringement notice or been charged with a drug driving offence in Geelong, Victoria? Read on to understand your options and the next steps to take, and contact Loftgood Legal.
Types of drug driving offences
The two main drug driving offences that people can be charged with are driving with a prescribed illicit substance in your system or refusing to undertake a drug test. Both offences carry serious consequences, including mandatory licence disqualification.
Drug driving offences are heard and determined at Court, and in some cases by way of a Traffic Infringement Notice.
Traffic Infringement Notice
If you have received a Traffic Infringement Notice for drug driving, the notice will set out the alleged offence, the fine amount, and your options for dealing with the fine.
The infringement notice will also set out the licence disqualification period applicable to your offence.
If you have received a drug driving infringement notice, the only way to contest the charge is to elect to have the matter heard at Court.
Before electing to go to court, you should obtain legal advice, as you may find that you are subject to mandatory penalties that the court cannot change, and in some cases, will increase.
Contact Loftgood Legal for a confidential discussion on your options.
Going to Court
If you elect to take a drug driving matter to court, or are directly charged and summonsed to court, you can choose to plead guilty or not guilty to the alleged offence.
Guilty plea
You can choose to plead guilty. The Magistrate will hear about your personal circumstances and then sentence you.
Not guilty plea
If you choose to plead not guilty, you will need a defence.
Valid Defences
You could have a valid defence in certain circumstances, such as:
- You were not the driver of the vehicle
- The test for drugs was taken more than 3 hours after you were driving
- And more
Penalties for drug driving
Drug driving can come with a variety of penalties such as fines and licence loss.
Licence loss
Drug driving offences carry a mandatory minimum licence disqualification period.
Your licence will also be cancelled, and you will need to reapply for your licence through VicRoads at the conclusion of any disqualification period.
These minimum periods before are set out in the Road Safety Act 1986
- 6 months for a first offence
- 12 months for a second or subsequent offence
This means if you have had a previous drink or drug driving offence in the last 10 years, whether via infringement notice or a court charge, then the mandatory minimum disqualification period is doubled, by law.
The Court cannot go below the mandatory minimum disqualification period but can go above it.
There are no special licences (for example work licences) in Victoria that allow you to drive.
If you drive while disqualified, you may be charged with an offence and face serious penalties which can include jail time.
Fines
The Magistrate will often impose a fine for drug driving matters.
Other penalties
In addition to the above penalties, additional penalties and consequences may apply:
- You may be sentenced to an Adjourned Undertaking (good behaviour bond)
- Your vehicle may be impounded
- You will need to complete a Behaviour Change Program before getting your licence back
- The Police may choose to suspend your licence prior to your Court hearing – however the Court will often then ‘backdate’ your licence disqualification to when the Police issued their suspension.
Refusing a drug test
Police in Victoria have the power to request any driver to take part in a drug test.
If you refuse to take part in a drug test or refuse to accompany the Police to the station to take a drug test or blood test, you may be charged with an offence.
Refusing a drug test also carries mandatory licence cancellation and disqualification.
The minimum disqualification period is 2 years for a first offence, and 4 years for a second or subsequent offence.
Any previous drink driving or drug driving offence that you have incurred over the last 10 years counts as a prior offence, it is not only if you have refused previous drug tests.
Other penalties still apply, such as fines and potential jail time.
Medicinal cannabis
Recent changes to the law have removed the mandatory licence loss for those caught driving with medicinal cannabis in their system.
This isn’t as simple as it seems:
- It is still an offence to drive with cannabis in your system, even if it is prescribed medicinal cannabis
- You must have a prescription for medicinal cannabis at the time of the offence, you cannot go and get a prescription afterwards to try and keep your licence
- It is up to the Judicial Officer as to whether they suspend your licence or not – and you may still lose your licence, especially if it’s clear you may have been impaired while driving, such as testing positive to drugs after a car accident
- If you have other drugs in your system, or alcohol, you will still lose your licence
Loftgood Legal can provide you with advice and representation for medicinal cannabis offences.
Loftgood Legal can help
Drug driving can have significant consequences both legally and financially. At Loftgood Legal, we are experienced at dealing with drug driving offences and can advise and assist you in achieving the best possible outcome.
