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Drive with prescribed content of drug present 49(bb) (h) or (I)(2nd)

Drive with prescribed content of drug present, this is a tier one offence in relation to a second offence.

See the hoon offence page for circumstances where this offence can attract an impoundment or forfeiture application.

It is a very tricky area of the law because citizens don’t understand that if they use drugs 24 hours prior to driving that residue remains in the system.

The defence of honest and reasonable mistake is not open to people charged with this offence, subsequently just by using drugs prior to driving and considering that police do not have to prove that the drugs negatively impacted your driving, you can still be charged with this offence just by having the drug detected in your system. If it is a second offence you could be subject to a further impoundment application and on a third offence, a forfeiture application. If you have an expensive car this could become a very costly exercise.

If you are in the above position you would be best to book an appointment with one of our very experienced traffic lawyers so you can competently determine your position at law in relation to any impoundment or forfeiture application that you may be facing.

For more information in relation to drug driving please click here.