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.
*Please note that
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relationship.