Our client Richard* drove through the Sydney CBD one Friday evening when police stopped him for the purpose of alcohol and drug testing. Richard cooperated with police by providing his driver licence. He was then took part in a breath test which returned a negative result. Police then made him do an oral fluid test which produced a positive result for cannabis.
They then placed Richard under arrest for the purpose of a secondary oral fluid test and conveyed him to Surry Hills Police Station. There, they cautioned him and asked a number of questions. Those included had he smoked cannabis that evening, which Richard answered truthfully by saying that he “smoked a joint yesterday at my home.” He then got a notice of prohibition of driving and got advice that he was prohibited from driving for 24 hours.
Further, this was Richard’s first time in trouble with the law.
Should someone who had smoked a relatively small amount of cannabis the evening prior to driving get a conviction for a criminal offence.
Our criminal solicitor appeared before the Sydney Downing Centre Local Court for Richard. He successfully argued that he had a good driving history, no convictions, immediately cooperated with police, was of good character, and was unlikely to reoffend.
As such, Richard obtained his desired result of a guilty verdict, but having no conviction recorded. The magistrate placed him on a Conditional Release Order (CRO) for two years.