July 29, 2019

RR – Successful outcome for client charged with possession/use of prohibited drugs

Facts: Drive motor vehicle with morphine in blood or urine and possess prohibited drug

Police arrived at the scene after receiving information of RR being sighted driving erratically before his car went off the road and collided into a tree.

Police observed RR to be affected by drugs as both his pupils were pin pointed and 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 conducted a search on his person, where 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, RR was taken 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 been impaired.

Outcome at Blacktown Local Court: Fine and 6 month disqualification period

O’Brien Criminal and Civil Solicitors successfully represented RR at the Blacktown Local Court. As instructed by RR, we entered a plea of guilty in relation to the possession of a prohibited drug matter (s 10(1) Drug Misuse and Trafficking Act 19850. We proceeded to defend at hearing for the charge of drive with illicit substances present in blood or oral fluid.

Her Honour imposed a fine of $550 for the driving with illicit substances offence (s 111(3)(a) Road Transport Act 2013), with 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 have been charged with an offence(s) and think a similar course of action is appropriate in your situation, call us today on (02) 9261 4281 to discuss your legal options.