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Drug Driving II

Potts Lawyers > Our Results  > Traffic Offences > Drug Driving II

Offences:            In charge of a motor vehicle under the influence of a drug, possession of a knife in a public place and fail to properly dispose of needle and syringe

Solicitor:             Shelby Smith

Court:                 Beenleigh Magistrates Court

Date:                   2019

Overview:

Our client was charged with the following offences:

  1. In charge of a motor vehicle under the influence of a drug;
  2. Possession of a knife in a public place; and
  3. Fail to properly dispose of needle and syringe

 

Police located our client unconscious in the driver’s seat of his parked car. They located a used syringe in the car in addition to a small knife in the driver’s side door of the car. Police officers observed our client to be showing signs consistent with being under the influence of a dangerous drug.

Our client subsequently made admissions to police of recent drug use.

Prior to meeting with us, our client had taken significant rehabilitative steps. We encouraged him to obtain a letter from his addiction counsellor confirming his engagement in treatment. Additionally, we recommended that he complete the QTOP program prior to sentence. He also obtained two character references.

Our client pleaded guilty and Ms Smith appeared in the Beenleigh Magistrates Court for sentence. She made submissions regarding our client’s drug use and struggles with addiction. She also highlighted the rehabilitative steps our client had taken prior to sentence.

The court accepted that there were mitigating features in this case such as our client’s attendance at counselling and completion of the QTOP program. However, his poor criminal and traffic history and the facts of the offending were of concern to the court.

Ms Smith ultimately suggested that the court impose fines for these offences in addition to the mandatory licence disqualification period for the in charge of a motor vehicle under the influence of a drug offence. The Magistrate indicated that he was initially considering a probation order but was satisfied that fines were appropriate.

Our client received a $1250 fine for the offence of in charge of a motor vehicle under the influence of a drug, a $400 fine for possession of a knife in a public place and a $400 fine for failing to properly dispose of a needle and syringe. He was disqualified from holding or obtaining a driver’s licence for 9 months.