What happened
In this Burwood drug driving case study from Burwood Local Court, our client was charged with driving with an illicit drug present in his system. The drug was cocaine. He was not affected by the drug when he drove: he had used cocaine about two nights earlier, roughly 36 hours before he was pulled over.
He was unexpectedly called into work early on a Saturday morning. On the way, police stopped him for a random breath test. He was negative to alcohol, but the roadside drug test came back positive to cocaine. A further sample was taken and sent to the police laboratory, and some time later that sample was also confirmed as positive.
At the roadside he was put off the road for 24 hours. When the laboratory result came back, he was issued a court attendance notice, and the matter came before Burwood Local Court in Sydney’s west.
The charge and the penalty range
This was the first offence of its kind for our client, and he had no prior convictions or major traffic offences in the previous five years. As Joshua Boorman explains in the video, the starting point for this type of offence — the “automatic” period — is six months off the road.
The magistrate has a discretion to reduce that disqualification to the “minimum” period, which is three months, and can also reduce the fine.
There is also a further option: a conditional release order without conviction. That means no conviction, no disqualification and no fine, with the person usually placed on a good behaviour bond. As the magistrate put it on the day, that is the outcome everyone coming through the courtroom door wants — but it is given out sparingly.
Burwood drug driving case study: how Joshua Boorman prepared the case
Our client pleaded guilty and did a number of things to strengthen his case before the court date:
- completed a traffic offender program;
- told his mother and his employer about the charge;
- obtained letters of reference from both of them; and
- wrote his own letter of apology to the court.
All of that material was presented to the magistrate at sentence.
Why a conditional release order was not granted
Our ultimate submission was that the court should place him on a good behaviour bond and not proceed to a conviction. He had no prior drink or drug driving offences, no major traffic offences and no criminal record.
The difficulty was the rest of his traffic record. Over the previous six years there were about 12 entries, and around five of those had come in the last year alone. His driving record had progressively got worse over time, and the magistrate could not see past it to grant a no-conviction outcome.
The outcome
A conviction was recorded. However, the magistrate used his discretion to reduce the disqualification from the six-month automatic period to the three-month minimum, and reduced the fine to $600.
It was not the “holy grail” outcome, but it halved the time off the road and significantly reduced the fine. Before going into court, Joshua had explained to our client that getting straight back on the road without any penalty was probably unlikely, even though it was worth pushing for. He was pragmatic about the result and understood he had about 12 weeks to serve.
What this case shows
In a drug driving matter, the magistrate looks at the whole traffic record, not just prior drug or drink driving offences. A string of recent minor entries can stand between a person and a no-conviction outcome, even on a first drug driving charge. Preparation still matters: the traffic offender program, references and an apology helped secure the minimum disqualification and a much lower fine. Every case turns on its own facts.
Key general information (NSW)
General information only, not legal advice, as at October 2026. Every case turns on its own facts.
- Drug driving offences: As at October 2026, Transport for NSW lists the drugs detected by roadside saliva tests as active THC (cannabis), methylamphetamine (speed or ice), MDMA (ecstasy) and cocaine.
- The broad penalty picture: For a first offence of driving with an illicit drug present that goes to court, Transport for NSW lists a maximum fine of $2,200, an automatic disqualification of 6 months and a minimum disqualification of 3 months (as at October 2026).
- Sentencing options: At the lower end, a court can find an offence proved but not record a conviction, either by dismissing the charge or by making a conditional release order (CRO) without conviction.
- The court process: Where police have suspended a licence on the spot, Transport for NSW explains that the suspension can be appealed to a Local Court within 28 days of the notice, and that if the person is charged, the court takes into account time already spent on suspension.
Further reading and related videos
Boorman Lawyers has more on appearing at Burwood Local Court and on NSW drug driving offences and penalties. Its Sydney site covers drink and drug driving matters across Sydney courts.
On this site, see a Katoomba mid-range matter that ended with a conditional release order without conviction and a Queensland case involving two drug driving charges, or browse all NSW and drug driving videos.
For people who are preparing to plead guilty without a lawyer, DIY DUI’s guide to drink and drug driving charges at Burwood covers the local court and plea process. (DIY DUI is a self-help program for people preparing their own guilty plea. It is not legal representation and is not part of Boorman Lawyers.)
