Caught Drug Driving from the 30th April 2018 and you will receive double the previous penalty. The previous penalty for drug driving was 3 months licence disqualification for a first offence and 6 months for a subsequent offence. The penalty will now double to 6 months licence disqualification for a first offence and 12 months for a subsequent offence. You will also receive a fine. All persons caught drug driving will now have to complete a Drug Driving behavour change Program before they can be re-licenced to drive in Victoria. This is an expensive 12 hour program over many days and can involve referral to medical professionals. In the last 5 years 41% of drivers killed while driving had illicit drugs in their system.
You will also receive a conviction involving drugs which could be catastrophic for your career and travel plans. I specialise in avoiding a criminal conviction against your name. The only way to avoid a conviction is to take the matter to court and present a good case as to why a conviction should not be recorded against you.
Police in Victoria today can only detect cannabis, methamphetamine and MDMA in drivers, and there is no threshold – such as 0.05 for alcohol – to determine a driver’s level of impairment.
A recent government inquiry has recommended over 50 changes including widening the number of drugs that can be tested and also new testing devices that can determine the level of a drug in your body. As medicinal cannabis becomes increasingly accessible in Victoria, the inquiry found that drug driving laws would also need to be updated to allow those using medicinal cannabis to drive a motor vehicle.
The inquiry also found that “Stakeholders also advised the Committee that moving away from a drug detection threshold to an impairment threshold would facilitate the inclusion of other drugs in the testing regime, including pharmaceutical drugs, some of which are proven to adversely affect driving performance.”
If you wish to avoid a conviction for drug driving please call me on 0412 407577 to arrange an appointment.