Drive motor vehicle with morphine in blood or urine and possess prohibited drug
Police arrived at the scene after getting information of RR driving erratically before his car went off the road and collided into a tree.
They observed RR to be under the effect of drugs. Both his pupils were pin pointed and he had slurred speech. Police conducted a breath test on RR, which returned a negative reading for alcohol.
However, due to observations of RR, police formed reasonable grounds to suspect RR was driving under the influence of illicit substances. Police arrested RR for the purpose of a blood and urine sample. Police searched him and they found a small aluminium wrapping within RR’s wallet. This included a small amount of white powdery substance – Methylamphetamine. This drug is commonly known as ice.
Shortly after, police took RR to Blacktown Hospital for a blood and urine sample. The sample indicated that a combination of drugs was in his system during the time. The Expert Certificate from NSW Police Force Forensic Medicine Unit report stated RR was under the influence of prohibited substances to the extent that his driving ability would have experienced impairment.
Blacktown Local Court: Fine and 6 month disqualification period
O’Brien Criminal and Civil Solicitors successfully represented RR at the Blacktown Local Court. Under RR’s instructions, we entered a plea of guilty in relation to possession of a prohibited drug matter. The relevant legislation is s 10(1) Drug Misuse and Trafficking Act 1985. We proceeded to defend at hearing for the charge of drive with illicit substances present in blood or oral fluid.
Her Honour fined him $550 for the driving with illicit substances offence (s 111(3)(a) Road Transport Act 2013). He also got a disqualification period of six months. For the possession of prohibited drug matter, Her Honour agreed no further penalty.
O’Brien Criminal and Civil Solicitors are experienced in defending possession and supply of drug charges. We have assisted many clients in doing so. If you are facing charges, call us today on (02) 9261 4281 to discuss your legal options.