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NSW Son Charged with Driving Under the Influence of Cannabis

Discussion in 'Traffic Law Forum' started by ringo11, 29 November 2015.

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  1. ringo11

    ringo11 Member

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    Hi,
    New user here so please be kind if I've incorrectly started this thread.

    My 19-year-old son on green Ps has been charged with driving under the influence of cannabis. He smoked 2 cones of marijuana at about 10 pm one night & was randomly tested the next morning at around 10 am. He stated he definitely was not affected by the cannabis at the time of driving.

    He has to represent himself as we cannot afford a solicitor and I'm hoping we might be able to get some help on how to self-represent. He tested positive at the roadside & was taken to the station where the machine didn't work so a further saliva sample was sent away for testing which returned positive. We have never been to court and am finding the process extremely daunting so any help would be greatly appreciated.
     
  2. Rod

    Rod Well-Known Member

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    Is it a charge and he is being taken to court? or has a fine been issued?

    If it is a charge, what law is quoted as being broken on the charge sheet/brief?
     
  3. ringo11

    ringo11 Member

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    The charge is 'drive with illicit drug in oral fluid' and he has to attend court.
     
  4. Rod

    Rod Well-Known Member

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    Is he intending to plead guilty?

    Does he need a driver's licence for work?

    I'm not sure what the law is about a mandatory loss of licence in NSW for this offence. Maybe someone else can advise. He is more than likely going to get a fine, probably less than $2k. If he can't pay the full amount at once then he needs to ask for a payment plan if found guilty. If he has any previous offences that may also be taken into account when setting the fine.

    Is he going to give up drugs? It helps at court if he gives up and has some kind of medical report showing what he is doing to give up the drugs.
     

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