Drug-driving offences are on the rise and so too are the penalties. Here's what you need to know.

Latest SA Police figures indicate that improved drug testing processes have led to more drug-driving detections than ever before. In 2020, drug-driving detections totalled 5,500, compared to 2,284 in 2011.

By comparison, drink-driving offences have fallen, with the number of drivers caught with a blood-alcohol reading above the 0.05 limit down by 56 per cent, from 16,112 in 2011 to 7,059 in 2020.

Someone is guilty of an offence if the police can prove beyond reasonable doubt that they have driven, or attempted to drive, a motor vehicle with any amount of a prescribed drug in their system. Police can require a driver to undergo a random roadside drug-screening (saliva) test, so long as an alco-test or breath analysis has been conducted first. These tests can detect THC (cannabis), Methylamphetamine (speed, ice or crystal meth) and MDMA (ecstasy).

If the alleged offender tests positive to one of these substances, they cannot drive until the drug is undetectable in their system. Many drugs can remain in the system for hours or even days after they have been taken. If the saliva test indicates the presence of a prescribed drug, an oral fluid sample will be taken and sent to a laboratory for testing. This formal process can take several weeks to complete. In the meantime, the alleged offender cannot be fined or charged until a positive result is confirmed.

It may be a defence to a drug-driving offence, if the alleged offender raises a defence at a trial that they did not knowingly consume the prescribed drug present in the defendant's oral fluid or blood and prosecution cannot prove beyond reasonable doubt that this was not the case.

For a first drug-driving offence, if an expiation notice is issued by the police, the person will receive an $803 fine and disqualification period of 3 months. If the alleged offender is charged with a drug-driving offence or elects to be prosecuted for a first offence, the court will impose a minimum fine of $900 and a minimum disqualification period of 6 months if they are convicted of the offence. If it is alleged the person committed this offence while a child under 16 years was also present in their vehicle, the same penalties apply as if the person was charged with driving with a prescribed drug in oral fluid or blood and the fine will range between $600 and $1300, and a disqualification period between a minimum of 3 months and 6 months will be imposed, depending on whether it is expiated, or the person is charged/elects to be prosecuted and is convicted of the offence in court.

Penalties are higher if the offender has previous drug-driving convictions. If the offender held a full licence, they will be issued with a probationary licence at the time they reapply for their licence. The offender will also incur 4 demerit points for the offence.

A court may reduce a disqualification period in limited circumstances where the offending is considered trifling. It is advisable to seek legal advice before paying an expiation notice or attending court for a drug driving charge. Engaging the services of a Scammell & Co Police and Traffic Offence lawyer will give you the best chance possible of achieving the most favourable outcome.

For further information on driving and traffic offences and how a Scammell & Co lawyer can assist you, click here.

For further information on driving laws and driving offence penalties in South Australia, click here.

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.

South Australian Motorists Cop Significant Increases To Fines For Driving Offences

Image courtesy govnews.com.au

 

The South Australian Government has recently announced a raft of increases to fines for speeding, mobile phone use whilst behind the wheel and drink or drug-driving. Whilst low-range speeding fines will only rise by 1.7 per cent, fines for people caught excessively speeding are set to soar. For example, motorists clocked at 30kph or more above the speed limit will be fined $1472 which represents a $552 increase, and motorists traveling 45kph over the speed limit will be fined $1658 – an increase of $622. Motorists caught using their mobile phones whilst behind the wheel, face a $534 fine which represents a $200 increase.

 

Business owners face heavy penalties if offending employees not named

A crack-down on thousands of speeding company vehicle drivers who have, up until now, taken advantage of a system loop-hole, will no longer be able to ask their bosses for anonymity to avoid a loss of demerit points. Currently, if a person is caught speeding in a company car, the business can choose to pay a $300 fine so the staff member doesn’t receive any demerit points. But from July 1, that fine will be upped to $1800 to deter companies from protecting staff that break the law. If the figures from 2017-18 financial year are anything to go by this could affect as many as 15,000 drivers annually.

As an additional speed deterrent on one of South Australia’s notoriously dangerous roads, businesses which fail to nominate the driver responsible for a camera-detected speeding offence on the South-Eastern Freeway down-track face a body corporate levy of $25,000, and if found guilty of the offence by a Court, face a fine of between $25,000 and $50,000.

Penalties for drink and drug driving offences have also increased from $613 to $743.

 

 

Overview of new legislation and penalties for the South Eastern Freeway

New laws introduced on 01 May 2019 specifically targeting truck and bus drivers in relation to the steep descent into Adelaide on the South Eastern Freeway are also worth noting. Penalties are designed to reduce heavy vehicle crashes involving brake failure and excessive speed. The changes have been introduced following two serious crashes involving out-of-control heavy vehicles – one in 2010 and the other in 2014, both of which resulted in fatalities. Consequently, heavy vehicle drivers must use low gears so as not to rely on the use of the primary brake as the sole means to slow the speed of the vehicle, and not exceed the relevant 60km/h speed limit. Expiation fees of $1,036 plus six demerit points, as well as a three-tier disqualification penalty (depending on the driver’s offence record) applies for offenders.

 

 

Under Australian road rules the following definitions apply to heavy vehicles:

A Truck is a motor vehicle with a Gross Vehicles Mass (GVM) of more than 4.5 tonnes, regardless of the vehicle’s body type (excluding tractors, trams and buses).

A Bus is a motor vehicle that seats more than twelve adults including the driver (regardless of GVM).

Below is a list of smaller vehicles also classed as a truck or bus (based on GVM or seating capacity) for the purpose of the new laws on the down-track of the South Eastern Freeway:

 

 

If you are unsure if a vehicle is classed as a truck or bus for the purpose of the new penalties:

 

What are my options if I wish to contest an expiation notice?

Given the significant hit to the motorist’s hip pocket that these new fines represent, it is in a driver’s best interests to challenge a fine if they genuinely believe a miscarriage of justice has occurred. Scammell & Co. police and traffic matters lawyer Eugene Lagana explains "People should not feel that they have to pay a fine immediately just because it has been issued. Drivers should analyse the circumstances of the infringement to see what reason there might be for some leniency to be granted."

Instances where you may have a valid case to challenge a fine in court include:

There could also be technical reasons why your fine may be challenged. For example, in instances where mobile radar cameras are used:

In the case of fixed-position speed cameras there are limited options to contest a fine. Exemptions may be considered if for example:

If you elect to be prosecuted and plead guilty to an offence that attracts demerit points, under Section 98B (4) of the Motor Vehicles Act 1959 (SA), an application to reduce the number of demerit points an offence incurs can be made. This is if the offence is classed as trifling or it is deemed there was proper cause to do so. It must be noted that the Court has said it will only take into account the circumstances of the offence, and not the personal circumstances of the individual when making a decision to reduce demerit points.

If you believe you have a valid reason to challenge a fine, it is important not to pay the fine and to contact Scammell & Co. as soon as possible to speak with a solicitor experienced in dealing with police and traffic matters.

Nobody likes receiving a speeding ticket. For a start, the fines are expensive and a complete waste of money. Furthermore, the demerit points put your ability to drive in jeopardy, which at worst may have negative consequences on your ability to earn a living, and at best be a major inconvenience to your day-to-day activities. For what it’s worth here are our top 10 tips for avoiding a speeding fine:

 

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.