WA Third failed roadside drug test

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Anthony1974

Well-Known Member
10 April 2015
21
0
121
49
Hopetoun WA
I recently failed a roadside drug test. I have failed three previously; 20 Oct 2018, 07 Sept 2019 & 20 Sept 2020. What is my likely penalty? Is Imprisonment a possibility?
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
Test reply
Maximum fine $2000. Min disqualification period 6 mths. But If you were pulled over for eratic driving then things get worse and jail is a posibility.


 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,943
820
2,894
Sydney
Impossible to tell.
Sentencing is a bit of a black art.
Three suggestions though.

- Turn up to court
- Bring your lawyer
- and your toothbrush.
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
U'm... I was going to suggest Tim's comments were a bit harsh. But I just re-read the original post. BUT - This is your 4th offence? Oh dear. Pls let us know how you go in court, I will look forward to finding out the result. But I'm guessing you wont be posting for a while. What drug/s?
 

Anthony1974

Well-Known Member
10 April 2015
21
0
121
49
Hopetoun WA
Yes this is my 4th offence. "Wont be posting for a while"? Am I to assume that incarceration is therefore a possibility? 2020 was my last failed swab. The drug detected was meth. I was pulled over for speeding, then breathalized & swabbed. Is speeding regarded as erratic?
I live in a remote part of WA so when in court I was planning on asking for a adjurnment "seeking legal advice"? How much time could this spare me?
Is it worth mentioning when in court any extenuating circumstances? Ie; I lost my house & all my worldly possessions 15 months ago in a bushfire & have being couch surfing ever since. I have a mental health plan, am seeing a phycologist, have 1 hour phone counseling sessions once a forthnight for drug addiction & anxiety, I have a referral to a specialist for adult adhd diagnosis?
 

Anthony1974

Well-Known Member
10 April 2015
21
0
121
49
Hopetoun WA
Maximum fine $2000. Min disqualification period 6 mths. But If you were pulled over for eratic driving then things get worse and jail is a posibility.


Thanks for your input.
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
Ok, more details? speeding? how much over the speed limit? Have you been caught driving while suspended? how long was your last suspension period?
As far as mitigating circumstances.... Look you really are gonna need a solicitor to help with that stuff. It might help.... But I don't really want to comment one way or the other.
 

Anthony1974

Well-Known Member
10 April 2015
21
0
121
49
Hopetoun WA
Between 20 - 29 km/h above speed limit. $400 fine & 3 demerit points. I have not being caught driving while suspended. I was disqualified from holding a license for 8 months on 12/01/2021, but applied for "E" plates (EDL) & was successful.