COVID-19 had a huge impact on our client’s business causing our client’s business doors to shut. Our client had now sought a career change by becoming a truck driver. One weekend our client was out where he was pulled over for a random breath test and a random drug test.
Our client returned a negative result for the random breath test.
When the results for the random drug test came back, our client had returned a positive result for THC (Cannabis) and cocaine being present in their system. Our client was also on 2 separate Good Behaviour Bonds relating to non-driving related offences issued by 2 different Courts in the space of 2 years!
So simply put, not only were the 2 good behaviour bonds in issue as the bonds were going to be called up for being breached (as our client has now committed a further offence, meaning our client will be re-sentenced on those 2 separate non-related matters) our client was also facing 12 months off the road and this was another significant consideration as he had recently obtained full time employment as a truck driver.
As a result of his positive oral fluid test result, our client was charged with the offence of ‘driving with illicit drug present in oral fluid/ blood’ and he was issued with a Court Attendance Notice to Attend Court on a future date.
Mr. Sabbagh appeared in the matter. Mr. Sabbagh asked the Court to not take any action on the 2 breaches of the good behaviour Bonds noting that they are breaches relating to different types of offending and there had been some significant period where our client was offence free. The Court accordingly did NOT take any action on the breaches of the Good Behaviour Bonds meaning our client was NOT re-sentenced on the 2 separate matters which were called up in breach.
In relation to the offence of ‘driving with illicit drug present in oral fluid/ blood’ a plea of guilty was entered. The client then received a Conditional Release Order without Recording of a conviction. This means that there was NO licence disqualification whatsoever, and there was NO criminal conviction recorded on our clients record on the condition that our client is of Good Behaviour for a period of time. This also means that our client was able to move forward with their life by embracing their newly found career and start a new chapter in their life.
It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.
Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 7th March 2023.
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