Drug driving offences in Victoria are taken seriously, with substantial penalties that can significantly impact your personal and professional life. For those facing these charges, seeking expert legal advice from a dedicated traffic offence lawyer is critical. Burdon Legal, based in Melbourne, has extensive experience in handling traffic and criminal law cases, including drug driving offences.
What is a Drug Driving Offence?
In Victoria, drug driving offences refer to driving a motor vehicle under the influence of drugs. The Road Safety Act, recognises two primary types of drug driving offences as being the:
Presence of drugs: When a driver’s saliva, blood, or urine tests positive for illicit drugs, such as cannabis, methamphetamine, or ecstasy.
Impaired Driving due to drugs: Driving while visibly impaired due to drug use, often evidenced by erratic driving behaviour observed by law enforcement.
These laws are to protect the public by ensuring drivers are not under the influence of substances that impair their ability to operate a vehicle safely. Victoria has strict “zero-tolerance” laws for certain illicit drugs, meaning any detected level of these substances in a driver’s system can lead to a charge.
Types of Drug Driving Offences
Drug driving offences in Victoria are classified into specific categories based on the presence and influence of drugs:
Driving with an illicit substance present: Police routinely conduct roadside drug tests to detect the presence of drugs. A positive test result, even without signs of impaired driving, is enough to issue a charge.
Driving under the influence of drugs (DUID): This charge applies when a driver’s ability is visibly impaired by drug use. Signs might include erratic driving, failing to have proper control, slow response times, or inability to follow traffic rules. DUID carries harsher penalties due to the immediate risk it poses to public safety.
Refusing to give an oral sample: this charge applies if you are requested by Police to undergo a drug assessment or give an oral fluid sample when asked to in accordance with the legislation.
Legal Penalties for Drug Driving in Victoria
The penalties for drug driving offences in Victoria vary depending on the severity of the offence, any prior offences, and the degree of impairment and the particular elements/requirements of the charge:
First offence: Drivers who test positive for drug presence for the first time will face fines and a six or twelve -month driver’s licence suspension dependent on the charge.
Subsequent offences: Repeat offences incur higher fines, longer disqualifications mandatory 12 or 24 months, treatment programmes, and potential imprisonment. Drivers with multiple drug driving offences may even face lifetime driving bans.
Impaired driving offences: Drivers convicted of impaired driving due to drugs may face a combination of jail time, steep fines, and extensive licence suspensions. Consequences depend on the specific substance involved, the level of impairment, and the level of risk posed to the public.
Refusal: refusal to undergo an oral fluid sample or blood test will result in a two year licence disqualification for a first offence and four years for a second or subsequent.
How a Traffic Offence Lawyer Can Help
Facing a drug driving charge can be overwhelming, particularly with the strict penalties that can have lifelong consequences. A skilled traffic offence lawyer from Burdon Legal can provide essential support in navigating this complex area of law:
Case evaluation, analysis and strategy: Burdon Legal’s team carefully assesses each case, examining evidence such as the roadside drug test results, law enforcement methods, and the circumstances of the arrest to identify possible defences.
Drug Test Validity: Roadside drug tests can sometimes produce false positives or may have been improperly administered. A lawyer can evaluate whether the testing process adhered to legal protocols and, if not, may seek to have the evidence dismissed.
Minimise penalties: Burdon Legal works to reduce the severity of penalties, especially for first-time offenders or those eligible for alternative sentencing options, such as attending a drug education programme instead of a licence suspension.
Representation in court: Court appearances can be stressful and confusing. A traffic offence lawyer ensures clients are well-represented, presenting arguments that may lead to reduced penalties or even dismissal of charges in certain situations.
Negotiating with prosecutors: When evidence is strong, Burdon Legal’s traffic lawyers can work with the prosecution to negotiate charges which minimises the impact on the accused, reducing charges or negotiating prosecution support for recommendations in lower sentencing dispositions..
Steps to Take if Charged with Drug Driving
If you are charged with a drug driving offence, taking the right steps immediately can improve your chances of a favourable outcome:
Do not admit guilt iimmediately: It’s natural to feel pressured into admitting fault, but refrain from doing so until you consult a lawyer who can advise on the implications.
Seek Prompt legal advice: Drug driving offences carry significant consequences; getting immediate legal support ensures your rights are protected from the outset.
Collect evidence: Gather any relevant information about the incident, such as the conditions of the arrest and the drug testing process. Your lawyer can use this information to build a stronger defence.
Prepare for court: Having an experienced traffic offence lawyer to guide you through the court process is essential. They will handle documentation, provide expert representation, and advocate on your behalf.
Benefits of Legal Representation
Legal representation can make a substantial difference in the outcome of a drug driving case. Here are some benefits of having Burdon Legal by your side:
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In-Depth knowledge of traffic law: Burdon Legal specialises in Victorian traffic law, giving them a thorough understanding of the unique aspects of drug driving cases in this jurisdiction. Their expertise in both technical and procedural areas is crucial in defending clients effectively.
Proven track record: Burdon Legal has successfully defended clients facing traffic offences, often achieving reduced penalties or dismissals by challenging evidence or negotiating favourable outcomes.
Dedicated client support: From initial consultation to court appearances, Burdon Legal provides personalised support, guiding clients through every step in the legal process.
Why Choose Burdon Legal?
Burdon Legal offers a highly specialised approach to traffic law and traffic offences, providing a reliable and strategic defence that can make a critical difference in a drug driving case. Here’s what sets Burdon Legal apart:
Expertise in criminal and traffic Law: With a focus on both traffic and criminal law, Burdon Legal has the comprehensive expertise necessary to address the complexities of drug driving charges and other related offences.
Client-centred approach: Burdon Legal’s team prioritises open communication and transparent guidance, ensuring clients feel informed and confident throughout the process.
Experience in Victoria’s legal system: Familiarity with the Victorian court system and local traffic laws allows Burdon Legal to navigate the process efficiently, leveraging their experience to the client’s benefit.
Contact Burdon Legal Today
If you’re facing a drug driving charge in Victoria, the consequences can be life-changing. With Burdon Legal’s dedicated traffic offence lawyers, you gain the support, knowledge, and representation needed to seek the best possible outcome. Don’t navigate this challenging time alone. Contact Burdon Legal for a consultation and start building a defence that protects your future.
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