Do you have a question about criminal law offences?

IT IS FREE TO ASK
OR
SELECT Y0UR STATE
OR
SELECT Y0UR STATE

Melbourne Man under the influence of drugs was caught driving with a child on-board his car.

The Highway Patrol has caught a Melbourne man in Mortlake while under the influence of ‘Ice’, expired license and a six year old child on board. Caught just beyond 200 kilometres west of Melbourne, the local authorities stopped him for driving erratically.

His test were positive for Methamphetamine which is more commonly referred to as ‘Ice’, a prohibited drug under Drugs, Poison and Controlled Substances Act 1981 (Vic) and the Criminal Code Act 1995 (Cth). The Driver is facing serious charges for violations of Victoria Traffic Law and Drug Offences.

Victoria imposes strict penalties for those who were caught Drug Driving. Police may conduct random screening test for those driver whom they think are under the influence of any prohibited drug. Drug Driving along with Drink Driving is considered to be the major source of Traffic Law violations in Victoria, Australia.

Under the Law, it is prohibited to drive if a person is under the influence or impaired by illegal drugs such as ice, cannabis, or ecstacy. Drug Driving is committed regardless of the place he is driving. It may be committed even if the person is driving on a private property. Any person is also liable for Drug Driving if: he refuse to undergo a Random Drug Test; and the person is under the influence of drugs while accompanying a learner driver.

Police Officers may conduct Roadside Screening using a Saliva Test. The suspected driver will be asked to provide a sample of their saliva by placing a collector in their mouth or touching it with their tongue. The test is just around five minutes. Any positive result from this preliminary test will be subjected to further test in a laboratory.

First time offender can either be issued an infringement notice or a charge may filed against him before the court. In case a first time offender wishes to contest his notice, he may do so before the court within the allowed time limit. Subsequent offenses have harsher penalties depending on the circumstances and the recidivism of the offender. Licenses and permits are suspended and cancelled for the offenders and additional charges for drug trafficking and other drug offences may be filed against him.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

Ask a Question - It Is Free