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.