March 4, 2019

WS – No conviction for client charged with DUI

Keywords: Driving under influence of a prohibited drug – section 112 Road Transport Act (NSW), time limit for commencement of summary proceedings – section 179(2) Criminal Procedure Act 1986 (NSW), presence of certain drugs (other than alcohol) in oral fluid, blood, or urine – section 111, Road Transport 2013 (NSW)

Facts:

WS was charged with driving under the influence of a prohibited drug. WS was involved in a collision with another car. Police arrived to the scene and breath tested WS, which returned a negative reading. However, based on police observations it was suspected WS was under the influence of an intoxicating substance.

Outcome:

Pursuant to s 179(2) of the Criminal Procedure Act 1986 (NSW), proceedings for a summary offence must be commenced no later than 6 months from when the offence was alleged to have been committed. O’Brien Criminal and Civil Solicitors determined the police had filed the charge one day after the six month time limit. Since the Prosecution is unable to lay a fresh charge under s111 of the Road Transport Act 2013 (NSW), the charge was marked as having ‘No Jurisdiction’ and the proceedings were dismissed by court.