NSW Drug Driving

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lostinlaw

Member
2 November 2021
2
0
1
HI, wondering if anybody can help me.
i was recently pulled over in NSW and tested positive on a roadside swap test. The secondary test was inconclusive but was positive upon analysis from the lab.
I was honestly not expecting it to be positive as it had been over 24 hours since i had consumed anything.
Regardless of that, i have since ceased any recreational use of drugs as i do not want to ever be positive again.
It is my second drug driving in just under 5 years. Apart from that i have had no other traffic fines or demerits for over 20 years.
I am 47 years old

I was pulled over in NSW whilst using a South Australian Licence
The officer said he would contact me if the results were positive from the lab.
As i didn't receive any correspondence regarding this, i was unaware of the fact that a court decision had been made in my absence.
I suddenly became aware that my South Australian had been cancelled almost 3 months after the NSW court date.
Up until this point, my South Australian licence was valid as i had logged on to the digital licence numerous times without issue.
In a NSW court i received a 6 month licence disqualification, which is now due to end in about 2 weeks.

I was not present in court as i was not aware of the date of hearing.
My issue is that when i get my licence back, it will now be a probationary licence, apart from that South Australia Law requires me to complete a drug dependency course.
due to the fact it is my second offence ( i am not 100% sure if this still applies if the offence did not occur in South Australia, but i assume it still does)
I was considering applying to have the matter reheard before a court to ask the judge to consider a section 10, or anything basically that would allow me to regain my full licence.
i have never had a section 10 before and Im willing to comply with any conditions in order to do this.

My daughter has just gotten her L's and i wanted to be able to teach her how to drive, but will be unable on a probationary licence and am too ashamed to tell her why i cannot teach her.
Apart from that, i currently live in South Australia, although i work in NSW at a 24/7 facility.
Generally i work 1 week on, 2 weeks off and i return home whilst i am not working.
Not having a licence during Covid has caused terrible hardship as i rely on someone else to take me to and from work if im rostered outside of public transport hours.
It has also meant i have had to spend the last 6 months in NSW as i am unable to drive home and back every few weeks.

Is there any avenue i could pursue or am i up the creek without a paddle ??

Thanks in advance
Chris
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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751
2,894
Sydney
Is there any avenue i could pursue or am i up the creek without a paddle ??
No.
You are indeed up the creek without a paddle.
And it's all of your own making.
 

lostinlaw

Member
2 November 2021
2
0
1
Thank you for your instant assumption of guilt.
Needless to say, I am not going to go into the circumstances surrounding the charges.
I have but one simple question and that is 'is it legally possible to obtain a section 10 for a 2nd offence '
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,283
751
2,894
Sydney
Thank you for your instant assumption of guilt.
I am inferring it from your admissions.
In particular, your statement that you had consumed drugs prior to the offence.
I have but one simple question and that is 'is it legally possible to obtain a section 10 for a 2nd offence '
In NSW, in theory, if you qualify, then it's technically possible.
It is not, however, likely.
Going only by what you've said here, missing facts missing, and
with all the unstated ifs, but, maybes, unlesses, and exceptions not allowed for,
I am not sure that you would be eligible.
Whether or not you are eligible depends in part on what your first offence was.
That you have a second similar offence within 5 years is also not in your favour.