Once you are pulled over by police, you will be asked to lick a test pad which has been specifically designed to react with methylamphetamine (also called Speed), cannabis (delta-9-tetrahydrocannabinol), ecstasy (3-4 Methylenedioxymethylamphetamine) morphine or cocaine. If the test is positive, you will then be arrested and required to undergo an oral fluid test in a police drug testing support vehicle, where you will be required to provide a sample of your oral fluid. If this test proves positive, the police will restrict your from driving and will suspend your licence for 24 to 48 hours. The remaining mouth fluid sample will be sent to the Government Analytical Laboratory for further analysis. In case your oral fluid sample comes back positive for drugs, you can expect a Court Attendance Notice and be prosecuted for the offence of drug driving.
As for the penalty for drug driving offence upon conviction, you could be fined up to $1,100 and an automatic disqualification period of 6 months for a first offence which can be further reduced to a minimum period of 3 months unless the offence is proved and dismissed under section 10 of the Crimes (Sentencing procedure) Act. Note that a conviction means having a criminal record. However, you can avoid the imposition of a fine and losing your driver's licence if you can convince the Court to not record a conviction against you. To better understand the technicalities, it would be to your best interest to hire the services of a criminal defence lawyer with years of experience in drug driving offences. This is true whether you are dealing with your first offense or it is your second, third, or later offense.
Some drivers believe that since they understand the drug driving laws, they can handle their case without a lawyer. Nothing can be farther from the truth. Knowing the laws is simply not enough. When your case goes to court, you also need to know rules of criminal procedure, the rules of evidence, etc. Simply put, you don't know exactly how the system works so you may not get as good of a deal as a drug driving lawyer can get for you.
The drug driving lawyer can advise you as to the important aspects of your case. Remember that you don't have to be affected by the illicit drug to be found guilty of drug driving. The mere presence of the drug in your system is enough for police to conduct more tests and prosecute you. Never take risks with your license and more importantly, don't take any risks about your legal representation. In order to obtain the best result, you need a drug driving lawyer who has the expertise as well as the time to provide you with realistic advice along with careful preparation of your case. A top-notch lawyer knows what needs to be proven and how to present your defence in court.
As for the penalty for drug driving offence upon conviction, you could be fined up to $1,100 and an automatic disqualification period of 6 months for a first offence which can be further reduced to a minimum period of 3 months unless the offence is proved and dismissed under section 10 of the Crimes (Sentencing procedure) Act. Note that a conviction means having a criminal record. However, you can avoid the imposition of a fine and losing your driver's licence if you can convince the Court to not record a conviction against you. To better understand the technicalities, it would be to your best interest to hire the services of a criminal defence lawyer with years of experience in drug driving offences. This is true whether you are dealing with your first offense or it is your second, third, or later offense.
Some drivers believe that since they understand the drug driving laws, they can handle their case without a lawyer. Nothing can be farther from the truth. Knowing the laws is simply not enough. When your case goes to court, you also need to know rules of criminal procedure, the rules of evidence, etc. Simply put, you don't know exactly how the system works so you may not get as good of a deal as a drug driving lawyer can get for you.
The drug driving lawyer can advise you as to the important aspects of your case. Remember that you don't have to be affected by the illicit drug to be found guilty of drug driving. The mere presence of the drug in your system is enough for police to conduct more tests and prosecute you. Never take risks with your license and more importantly, don't take any risks about your legal representation. In order to obtain the best result, you need a drug driving lawyer who has the expertise as well as the time to provide you with realistic advice along with careful preparation of your case. A top-notch lawyer knows what needs to be proven and how to present your defence in court.