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You will be charged with drive vehicle with illicit drug present in blood if you are found:

  1. Driving on a road or road related area;
  2. While there is present in his or her oral fluid, blood or urine any prescribed illicit drug.

The police will provide a medical report that suggests that there was present in your blood an illicit drug.

What are the penalties for drive vehicle with illicit drug present in blood?

For a first offence of drive vehicle with illicit drug present in blood, the maximum penalty is a fine of $1100 for a first offence. The automatic period of disqualification is 6 months, with a minimum of 3 months. For a second or subsequent offence, the maximum penalty is a $2200 fine. The automatic period of disqualification is 12 months, with a minimum of 6 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.

What would the likely penalty be if it is your first offence?

If it is your first offence, you will have good prospects of achieving a Section 10. The statistics show that 39% of first offenders who plead guilty to the offence do not receive a conviction for drive vehicle with illicit drug present in blood.

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

penalty for driving with illicit drug present in blood

Our client was charged with Driving with Illicit Drug present in Blood, having been detected with cannabis by way of saliva test.

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 a fully qualified licence holder was charged with driving a motor vehicle with an illicit drug present in his blood. This is a fairly serious charge which carries with it an automatic 6 months licence disqualification.

The client sought our assistance in this matter, however the prospects of a section 10 bond being awarded were slim as the client had previously been granted a section 10 bond in 2012 for a possession of drugs charge.

The matter was heard before Magistrate Goodwin at the Downing Centre Local Court after strong submissions from our solicitor Lemar who argued that our client needed his licence in order to keep seeing his children who he had custody over every Wednesday and every second weekend and that this was not an event that was likely to occur again, as according to our client he had just left a seven year relationship and had simply handled it the wrong way.

Upon hearing the submissions from our solicitor, magistrate Goodwin decided that taking away the ability of our client to look after and spend time with his children was paramount and gave our client a second section 10 twelve month bond in the last 3 years.

The best possible result for our client.

The client came to us having a shocking driving record that included multiple licence suspensions and a criminal record involving possession of drugs. He was facing three months off the road for the latest offence. Our client was unemployed and required his licence to drive around to various locations to attend job agencies and job interviews. Our client also had a four year old daughter and he used his vehicle to pick her up from day care. If he was to lose his licence, it would have taken him over 2 hours to pick up his daughter.

Our dedicated solicitor advised our client to complete the traffic offenders intervention program, obtain reference letters from close friends and family and to have drug urine analysis results. Our client wrote an emotionally charged letter of apology asking for the Magistrate’s forgiveness regarding his offending behavior.

Our solicitor presented strong compelling submissions regarding our client’s offending behavior and the circumstances of the offending. He placed greater emphasis on our client’s strong prospects of rehabilitation and the fact that he has taken more responsibility with the care of this daughter.

Magistrate Goodwin was inclined to impose a criminal conviction, but was swayed by the fact that the client had undertaken numerous steps to rehabilitate himself and not re offend.

Our client was found guilty but without proceeding to a conviction was placed on a good behavior bond for 2 years. He kept his licence and was truly grateful for our help.

Our client was charged with driving with a drug present in blood, namely MDMA.  Our client was pulled over by police for a random drug test three days after attending a dance festival. Our client was 19 years old and was studying teaching at university. A conviction for this type of offence would impact on his employment opportunities in the future.

We advised our client to attend the positive lifestyle program with the Salvation Army and the traffic offenders program. The matter proceeded to sentence at Sutherland Local Court before Magistrate Barko. Our solicitor submitted that our client was a young man with a bright future who made an uncharacteristic mistake.  Furthermore our solicitor submitted that our client had demonstrated significant remorse and had excellent prospects of rehabilitation.

The court agreed with our submissions and decided that a conviction in this matter would be a severe impediment on our clients future even more so than a conviction would act as a punishment. The magistrate was satisfied that our client was a bright young man and that this was an isolated incident and handed down a section 10 bond to our client.

A great result for our client, who feared that a criminal conviction would hinder his opportunities at finding work in the future.

Our client was charged with driving with cannabis present in blood. Our client instructed us that he had smoked cannabis four days earlier after being offered some from a friend. At that time our client was suffering from depression due to a relationship breakdown. Our client was employed at a marketing firm and was required to travel overseas for work purposes. A conviction for this offence would cause difficulties for our client.

The matter proceeded to sentence at Parramatta Local Court before Magistrate Baptie. Our solicitor presented a report from a drug counselor indicating our clients at good progress with dealing with his drug use. The court accepted our solicitor’s submission that the criminality involved in this matter was low.

The court took into account our clients good character, remorse and agreed with our solicitor that a Section 10 bond was an appropriate penalty.  Our client received a Section 10 bond for 12 months.

A great result for our client, allowing them to keep their licence and have no conviction recorded against them.

Our client was charged with drive with illicit drug present in blood and he was facing the possibility of losing his licence.

Our client works as a truck driver and it was essential for him to keep his licence or else he could possibly lose his job. The loss of licence would also cause a detrimental effect on his family since our client is the primary provider for his family.

Our client was sentenced at Burwood Local Court before Magistrate Still. Our client did not have the best criminal or driving record, however, it was argues by our solicitor that our client had changed his behaviour and is now a productive member of society. It was further argued that our client had a strong need for a licence due to his profession.

Our solicitor therefore asked the court to be lenient in considering the remorse and rehabilitation of our client. The Magistrate agreed with our solicitor and gave our client a s10 with a 12 month bond.

Our client was extremely happy with result, especially as he could keep his job.

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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