Driving with a relevant drug present in blood or saliva
Holland Park Magistrates Court
Ms Colleen Battersby
31 October 2022
Our client came to the attention of police when they were conducting static speed enforcement and observed him speeding. Upon the police approaching our client’s vehicle, he was charged with driving with a relevant drug present in his blood or saliva.
As a result of this charge, our client was facing a mandatory driver license disqualification of 1 month. However, our client’s traffic history was such that he had 3 previous offences within a five-year period. This saw the relevant driver licence disqualification period increase to a minimum of 6 months.
We provided our client with information surrounding the nature of the charge and the court process. We further advised him of steps he can take to prepare for his sentence, such as completing the QTOP program, obtaining character references and completing a drug education course.
Our client was in a position where he required a driver licence for his employment position, however was not eligible in circumstances where he had previous offences in the past five years. As a result, it was important our client completed the sentence preparations we recommended to mitigate his penalty.
At the sentence, Ms Colleen Battersby (Criminal lawyer) made submissions on our client’s behalf. She noted relevant mitigating factors such as:
Ultimately, the Court accepted Ms Battersby’s submissions, and we secured an outcome of a period of probation and a nine-month disqualification period.
In circumstances where our client’s traffic history was such that he had 3 previous offences, he was expecting a harsher penalty and a much longer disqualification period. Our client was grateful we were able to secure him this outcome.
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