Skip to content

Choose one of three locations

Adelaide
Ridgehaven
Smithfield

Drug Driving

Drug driving continues to significantly contribute to the number of deaths on South Australian roads. Between 2012 and 2016, an average of 24% of drivers or riders killed on South Australian roads tested positive to THC (the active component in cannabis), methylamphetamine (speed, ice or crystal meth), MDMA (ecstasy) or a combination of these drugs.

The penalties associated with drug driving offences now include fines, licence disqualification, demerit points and imprisonment.

On 29 November 2017, the South Australian Parliament approved reforms to the Road Traffic Act 1961 which were implemented earlier this year. These reforms have introduced tough new drug driving penalties as well as altering the roadside drug testing procedures.

Drug Driving Expiation Notices:

If you are issued with an expiation notice for a first offence of Drug Driving, you will incur the existing “on the spot” fine (currently $587) along with 4 demerit points. You will also now be liable for a mandatory minimum licence disqualification for a period of three months.

It is imperative that you carefully assess your options and seek legal advice prior to paying your expiation notice. An experienced traffic lawyer can provide you with advice on potential defences available to a charge of drug driving.

If you elect to pay your expiation notice, the mandatory minimum licence disqualification period of three months will automatically be administratively enforced, regardless of your personal circumstances. There is NO right of appeal against the disqualification period. If you receive a Summons for Drug Driving, the penalty for a first offence if you are convicted by the court is now a mandatory minimum licence disqualification for a period of six months.

The penalties increase for subsequent offending.

For information on the Court process please visit here.

Refusal or failure to undertake a drug screening test

It is an offence to refuse or fail to undertake a drug screening test. The penalties for refusal or failure to undertake a drug screening test, oral fluid analysis or blood test have also increased:

  • For a first offence the mandatory minimum licence disqualification period will increase from six months to twelve months.
  • For all subsequent offences the mandatory minimum licence disqualification period will increase two years to three years.

Drug Driving with a child under the age of 16 in the vehicle

If you commit a drug driving offence with a child under the age of 16 in the vehicle at the time of the offence, you will not be reissued with your licence until you demonstrate you are not dependent on drugs. You will be required to pass a dependency assessment at the end of the disqualification period before being reissued with your licence.

Furthermore, if you are caught driving unlicensed and were required to show that you are not dependent on drugs, you will face a mandatory minimum licence disqualification period of three years, as well as fine of up to $5,000 or one year imprisonment.

If you are charged with a drug driving offence, it is imperative that you seek legal advice to be advised of your options as you may wish to challenge the charges. This is a complex area of law and will require technical and specialist legal advice. You can contact a specialist traffic lawyer at Websters Lawyers on 8231 1363 or send through your details and we can arrange a free initial consultation.

Testimonials

"[my solicitor] was great, he kept me informed all the way through and provided great advice which resulted in a great outcome"

Fiona & Phil, St Agnes

"Very professional legal service, good advice. I will continue to consult on future legal matters. I’m please to advise I have recommended two people to Websters Lawyers due to the service I received from [my solicitor]"

Veronica, Modbury Heights

"Lived up to their word."

Robert, Ridgehaven

"Happy with service received and fairly priced. [my solicitor] very approachable."

Devesh, Albert Park

"The service was impeccable"

Michael, Trott Park

"I found Websters Lawyers to be accurate and forthcoming. Felt like I was important."

David, St Agnes

"I was very impressed by the highly professional and thorough conduct of Websters Lawyers"

Francesca, St Agnes

"I have engaged [my solicitor] on two occasions to handle estate probate matters and have found her service to be prompt, efficient and very professional. Thank you."

Kevin, Findon

"We found the process of purchasing a new home stress free with the professionalism provided by [our solicitor] & Websters Lawyers."

Rob, Paralowie

"[my solicitor] spoke in easy terms for us to understand."

Peter, Klemzig

"Making a will is fraught with problems and very emotional. [our solicitor] walked us through the process step by step, ensuring we got exactly the Will we wanted. Thankyou!"

John, Ridgehaven

"I found [my solicitor] and the other staff at Websters Lawyers very professional. [my solicitor] handled the difficult subject of making a will by clearly explaining the steps and processes. The whole process was very efficient"

Joey, Kurralta Park

"My overall experience with Websters Lawyers was one of great ease at a very difficult time in my life. [my solicitor] answered all my questions promptly and explained everything to me that I needed to know."

Sheryl, Glengowrie

"Very happy with the overall outcome with Websters Lawyers"

Gary, Craigmore

"The initial phone conversation was very informative and professionally conducted. [my solicitor] who arranged our wills clearly explained everything and was very professional. We were very satisfied"

Wendy, Wynn Vale

"My solicitor was prompt and efficient at getting my claim completed J"

Marilyn & Stan, Lightsview

"I have engaged [my solicitor] on two occasions to handle estate probate matters and have found her service to be prompt, efficient and very professional. Thank you."

David, Gumeracha

"[my solicitor] was highly professional and approachable. I felt comfortable asking questions relating to my case. I am very happy with the outcome, I recommend Websters Lawyers."

Belinda, Smithfield

"I contacted Websters Lawyers on the recommendation of a former colleague and found the level of service exceeded what I expected"

Belinda, Smithfield

"[my solicitor] was highly professional and approachable. I felt comfortable asking questions relating to my case. I am very happy with the outcome, I recommend Websters Lawyers."

Angela, Hallett Cove

"Lawyer was helpful, unhurried and explained complex matters in easy to understand language. Provided information and advice over and above what we required."

Gail, Greenwith

"I was very impressed by the highly professional and thorough conduct of Websters Lawyers"

Angela, Hallett Cove

"Very satisfied – especially with my hearing problem. [my solicitor] and [her assistant] were very patient"

Patricia, Ingle Farm

"All our questions were answered. A very good experience. I will continue to use Websters and recommend your firm to my friends."

David, Gumeracha

"Websters took an extremely stressful time for me and made me feel comfortable and confident. They achieved the best possible outscome for my situation and came in at a lower cvost than first estimated so I couldn’t be happier with the service, process or people. Thank you"

David, Smithfield

"Most helpful and all of my questions clearly answered and explained. Very courteous"

Peter, Hillbank

"I was very happy with my lawyer. Keep doing what you do"

Jarrad, Elizabeth Vale

"Websters Lawyers provided us with excellent support and legal advice every step of the way. Their expertise in legal matters is unmatchable. They were extremely professional and courteous. We really thank then for their excellent service"

Gary, Golden Grove

"[my solicitor] was very clear and concise with all instructions. I was very happy with the outcome and pleased to have a professional represent me"

Richard, Wynn Vale

"Very professional and thorough"

Sylvia, Greenwith

It doesn't cost you anything to know where you stand

Subpage form
What is the best time to call you? *
:
Scroll To Top