text: Traffic Lawyers for Drug Driving NSW – s 111 Road Transport Act 2013 (NSW)
  https://www.sydneycriminallawyers.com.au/traffic/offences/drug-driving/
  Drug driving involves driving when you have drugs in your system.
  It is different to a DUI (driving under the influence) charge as the prosecution is not required to prove that you actually were affected by the drugs at the time of driving– it is enough that you had simply had drugs in your system.
  Being charged with drug driving can have a significant impact on your future life, as it can affect your ability to drive and therefore to perform work, family and personal tasks.
  However, our lawyers are equipped with the knowledge and experience to help you achieve the optimal outcome when it comes to drug driving charges, so that you can get your life back on track as quickly as possible.
  Read on to find out how our expert defence team can help.
  To be found guilty of drug driving, the prosecution must prove beyond a reasonable doubt that you were driving on a road with drugs in your system.
  Police will determine whether you have drugs in your system by conducting a drug test.
  Generally, police will require you to provide a saliva sample via a lick test, however in some cases, for example, where you have had an accident, they can conduct a blood or urine test to detect whether you have drugs in your system.
  If you wish to plead 'not guilty' to drug driving, our expert defence lawyers can help you fight the matter by raising problems with the prosecution case.
  A common way to avoid a conviction is to prove that police obtained evidence illegally. When carrying out drug tests, police have to abide by certain rules and procedures – when they fail to comply with these processes, the evidence that they obtained illegally may be dismissed and you may be found 'not guilty.'
  Our lawyers often get charges dropped on this basis.
  We can also help you identify and raise any defences to the charges, which will result in a finding of "not guilty" if accepted by the court. These include:
  Where you made an honest and reasonable mistake regarding drugs being in your system, or
  Where you were threatened or coerced into drug driving (duress)
  If you do not wish to fight the charges, you may consider pleading guilty from the outset.
  Often, pleading guilty at an early opportunity is a good option as it will show to the court that you have accepted responsibility for your actions. In most cases, this will mean that the court will give you a lesser sentence compared to what you could have received if you pleaded not guilty.
  However, you should always ensure that you speak to a specialist lawyer with in-depth knowledge of drug and traffic law before entering a plea, as there may be a way in which you can defend the charges and be found 'not guilty.'
  If you are considering pleading guilty, it is important to be aware of the penalties that you could face.
  The maximum penalty for drug driving is a fine of $1,100. You will also be automatically disqualification period of 6 months.
  If it's your second or subsequent drug driving offence, you could be facing a penalty of $2,200 and a disqualification period of 12 months.
  However, it's important to remember that these are maximum penalties only – usually the penalty that you will receive will be much lower than the maximum, which is reserved only for the most serious cases.
  In fact, an experienced traffic lawyer can persuade the Magistrate to reduce the disqualification period to the minimum, which is 3 months for your first offence, or 6 months if it is your second or subsequent major traffic offence in the past 5 years.
  In some cases, a good traffic lawyer may even be able to persuade the Magistrate to grant you a 'section 10 dismissal or conditional release order', which means that although you are guilty there is no conviction recorded, no disqualification and no fine.
  The type of penalty that you will receive will ultimately depend on the facts and circumstances of your case.