Over 50 years of combined experience

Specialist Lawyer in the Eastern Suburbs

Office located within the Sydney CBD

  • We Fight to Win Your Case

Drug Lawyers In Sydney & Parramatta

You will be charged with drive under the influence of drugs if you are found:

  1. Driving on a road or road related area;
  2. Under the influence of a drug (whether it is prohibited or not).

The police will provide a medical report that suggests that the amount of drug detected in your system would have likely impaired your driving ability.

What are the penalties for Drive under the influence of drugs?

For a first offence, the maximum penalty is 9 months imprisonment and/or a fine of $2,200. The automatic period of disqualification is 12 months, with a minimum of 6 months. For a second or subsequent offence, the maximum penalty is 12 months imprisonment and/or $3,300 fine. The automatic period of disqualification is 3 years, with a minimum of 12 months. Upon conviction, the disqualification periods will apply, unless the court decides to deal with your matter pursuant to section 10 of the Crimes (Sentencing Procedure) Act. To find out more about a section 10, click here.

Generally, penalties that a court can impose for any criminal offence in NSW are:

Penalties for driving under the influence of drug or alcohol and driving with the presence of a drug

Our client was charged with driving under the influence of drugs (cannabis).

The police Facts Sheet stated that our client smoked cannabis at 5:30 am then drove at 12 pm of the same day.

Whilst driving, our client had an accident in which he sustained injuries. Upon being stopped by police our client was breath tested and returned a reading of 0.00. He was conveyed to hospital for his injuries and was observed by police having blood shot eyes and being ‘dazed, drowsy, and with slow speech’.

This prompted police to question our client about his cannabis use, to which he admitted to having used that morning.

A blood test revealed our client had present delta-9-THC less than 0.005mg per letre of blood and delta 9-THC- acid 0.026 mg per letre of blood.

Our solicitors obtained expert evidence from a psychologist that found the level of cannabis in our client’s blood could not have impaired our clients driving ability. In light of this evidence, we advised our client to plead not guilty and take the matter to hearing.

At the Downing Centre Local Court hearing before Magistrate Gilmour, the prosecution submitted expert evidence that our client was influenced by THC to the extent that his ability to drive was affected. Our solicitor submitted our psychologists report giving evidence contrary to the prosecution. The conflicting expert evidence was enough to cast reasonable doubt over the issue.

Her Honour found our client not guilty. An excellent result achieved by our dedicated solicitors.

Our client instructed our firm that a disqualification would have a detrimental effect on her family life, particularly on her child who was required to attend regularly medical treatment.

The matter proceeded before Magistrate Swaine at Fairfield. Our solicitor argued that our client had smoked cannabis a number of days prior to the offence and was not aware that cannabis can last in the blood for up to six weeks. Furthermore medical evidence was presented regarding our clients need to drive her child to medical appointments.

It was further argued our client’s good character and remorse would enable the court to be lenient on this occasion and not record a conviction

The court agreed and placed our client a bond pursuant to Section 10. No conviction meant no penalty or disqualification.

Our client was charged with driving with a illicit drug in her blood. This is a serious charge which carries a 6 months disqualification upon conviction. Furthermore our client was on her provisional licence and had her child in the vehicle at the time of the offence.

Our client instructed our firm that a disqualification would have a detrimental effect on her family life, particularly on her child who was required to attend regularly medical treatment.

The matter proceeded before Magistrate Swaine at Fairfield. Our solicitor argued that our client had smoked cannabis a number of days prior to the offence and was not aware that cannabis can last in the blood for up to six weeks.

Furthermore medical evidence was presented regarding our clients need to drive her child to medical appointments. It was further argued our clients good character and remorse would enable the court to be lenient on this occasion and not record a conviction

The court agreed and placed our client a bond pursuant to Section 10. No conviction meant no penalty or disqualification.

Our client appeared at Downing Centre Local Court charged with driving whilst under the influence of a prohibited drug. He came before the Court as a young man with a terrible traffic record, having been suspended 9 times in the short time he held a licence and having 13 speeding fines on his record.

Our client had a special need for a licence and showed he could change his ways having committed no offences since his last suspension other than the offence which brought him before the Court and having completed the traffic offender Program.

Our expert criminal defence solicitors managed to negotiate the facts with the Police and with a well prepared case was sentenced to a good behaviour bond with no conviction and no disqualification for a period of twelve months.

Meet our Founder

Adam Ly, B. Ec. (Majoring in Economics), LL.B.

Managing Director and Principal Lawyer

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Contact LY Lawyers Today!

Contact LY Lawyers today for a confidential consultation with an experienced criminal defence lawyer. We are available 24/7 to answer your questions and guide you through the legal process.

We understand you may be feeling lost and overwhelmed by the sheer weight of the charges against you; rest assured that as a leading criminal law firm in Sydney, we are well-versed in the complexities of criminal law and are committed to providing you with the aggressive and effective representation you deserve.

Achieving results one case at a time

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Sarah Davies

Ly Lawyers
5.0
2017-02-01T00:09:03+00:00

Sarah Davies

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Achieving results one case at a time

What a result from a great team!

Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

John L.

Ly Lawyers
5.0
2017-02-01T01:38:38+00:00

John L.

What a result from a great team! Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

Achieving results one case at a time

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Todd Hurring

Ly Lawyers
5.0
2017-06-25T22:46:32+00:00

Todd Hurring

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Achieving results one case at a time

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Breno T.

Ly Lawyers
5.0
2017-06-25T22:53:27+00:00

Breno T.

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Achieving results one case at a time

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Kim Smith

Ly Lawyers
5.0
2017-06-25T22:53:58+00:00

Kim Smith

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Achieving results one case at a time

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

William Song

Ly Lawyers
5.0
2017-06-25T22:54:34+00:00

William Song

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

Achieving results one case at a time

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Habib Rahman

Ly Lawyers
5.0
2017-06-25T22:55:09+00:00

Habib Rahman

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Achieving results one case at a time

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Josh Tyler

Ly Lawyers
5.0
2017-06-25T22:56:43+00:00

Josh Tyler

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Achieving results one case at a time

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Craig H

Ly Lawyers
5.0
2017-06-25T22:57:53+00:00

Craig H

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!
5.0
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Frequently Asked Questions

Being charged with a criminal offence can be a stressful and confusing experience. At LY Lawyers, we understand the challenges you face.

Here’s a look at some of the most frequently asked questions about criminal law in Sydney, Australia:

A: A criminal defence lawyer is a legal professional who specialises in representing individuals accused of crimes. Their role is to protect your rights throughout the legal process, from the initial investigation, to the court proceedings. Here are some key responsibilities of a criminal defence lawyer:

  • Investigating the case: They gather evidence, interview witnesses, and analyse the prosecution's case to build a strong defence.
  • Providing legal advice: They will explain your legal rights and options and explore your potential defences, guiding you through the complexities of the criminal justice system.
  • Negotiating with prosecutors: They may negotiate plea bargains to potentially reduce charges or penalties.
  • Representing you in court: They will advocate for you in court hearings and trials, presenting your defence arguments.

A: A traffic lawyer is a specialised type of criminal defence lawyer who focuses on traffic offences. These can range from minor speeding tickets to more serious charges like drink driving or driving without a licence. A traffic lawyer can:

  • Challenge the validity of traffic stops or charges.
  • Negotiate for reduced penalties or licence suspensions.
  • Represent you in court for traffic-related offences.

A: Finding the right lawyer for you depends on your specific circumstances. Here are some tips to find the best legal representation:

  • Consider your case: Identify the type of offence and choose a lawyer with significant experience handling similar cases.
  • Research potential lawyers: Read online reviews and testimonials, and check their qualifications and experience.

Contact your preferred lawyers: Schedule consultations to discuss your case and assess their communication style and fees.

A: Legal fees can vary depending on the complexity of your case, the lawyer's experience, and the length of representation required. Most criminal lawyers offer upfront quotes or hourly rates. Here are some factors impacting the cost:

  • Severity of the charge: More serious charges typically require more lawyer time and resources, thus leading to higher fees.
  • Complexity of the case: Cases with intricate details or witness testimony might require more investigation and legal strategy, thus increasing the cost.
  • Trial vs. Plea Bargain: If your case goes to trial, expect higher fees compared to resolving it through a plea bargain.

A: Many criminal defence lawyers offer free consultations, allowing you to discuss your case and get an initial assessment. This can help you understand your legal options and decide if the lawyer is indeed a good fit for you.

A: Here's what to do if you've been accused of a crime:

  • Remain silent: Don't answer any questions from law enforcement officers without your lawyer present.
  • Contact a criminal defence lawyer immediately: They can advise you on your rights and guide you through the next steps.
  • Don't tamper with evidence: Don't attempt to destroy or hide anything related to the case.

Be honest with your lawyer: Provide them with all the details of your situation for the best possible defence.

A: If you can't afford a private lawyer, you may be eligible for legal aid. This government programme provides financial assistance for legal representation in criminal cases.

  • The burden of proof lies with the prosecution: They must prove your guilt beyond a reasonable doubt.
  • You have the right to remain silent: You don't have to answer any questions that could incriminate yourself.

You have the right to a lawyer: You can request legal representation at any point during the legal process.

A: This is a crucial decision best made in consultation with your lawyer. They will assess the evidence, your potential defences, and the likely outcomes to advise you on the best course of action.

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