Non conviction, no loss of licence for driving with illicit substance in system

Our client is a 60 year old man who lives in the Liverpool area. The police charged him with driving with illicit drugs present in his blood under section 111(1)(a) of the Road Transport Act 2013 (NSW).

He appeared at the Liverpool Local Court where he entered a plea of guilty to the charge on the first court date. This resulted in a discount on the penalty.

Our client is a family oriented person where he looks after his grand-kids and ex-daughter-in-law. He also suffers from numerous medical conditions.

Soon before the date of incident, our client came out of a life threatening medical challenge and there was a breakdown of his 43 years long relationship with the mother of his three children.

All of these factors took a great toll on him.

This led to him making an error of judgement- of driving soon after smoking cannabis mixed with ICE to alleviate the emotional burden he was going through at the time.

As a result of being charged with this offence, he was facing the prospects of a criminal conviction and the disqualification of his driving licence.

He was very worried about losing his licence- loss of licence would’ve significantly affected his livelihood for work. It would also have meant that he wouldn’t be able to pick up his grand-children from school, nor go to his regular medical appointments.

He came to our office in Parramatta where our team of senior lawyers gave him detailed advice and guidance in the preparation phase of his case. Our team worked tirelessly on his case to work out the best way to convince the Magistrate to give him a section 10, non conviction.

With the help of our senior lawyer Fahim, a very compelling case with powerful submissions were made to the Magistrate- Focused on the extent of his need for a licence for work, medical appointments, and grand-kids, which the Magistrate accepted.

The Magistrate decided not to impose a criminal conviction against our client. He was given a section 10, non conviction with a short good behaviour bond period. As a result, our client avoided a disqualification period and criminal record. It was the best possible outcome for him.

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