NSW law Court-town guides Drug driving

Lismore Drug Driving Case Study: Third Major Offence in 5 Years, Minimum 6 Months and a $400 Fine (NSW)

Name: Lismore Drug Driving Case Study: Third Major Offence in 5 Years, Minimum 6 Months and a $400 Fine (NSW)
Uploaded: 2024-10-22T00:00:00+10:00
Duration: 3 min 56 s
Description: Stopped at an RBT while driving to pick up a shirt for his grandmother's funeral, a 26-year-old council worker tested positive to cannabis and MDMA. It was his third major offence in five years, but after seeing his GP and starting counselling he received the 6-month minimum and a $400 fine.

By Joshua Boorman, Principal, Boorman Lawyers · 22 October 2024 · 3:56 video

Jurisdiction: New South Wales
Court: Lismore Local Court
Charges: Drive with illicit drug present (cannabis and MDMA), second or subsequent offence
Outcome: Guilty plea. 6-month minimum disqualification and a $400 fine.
Filmed: October 2024

Summary

Stopped at an RBT while driving to pick up a shirt for his grandmother's funeral, a 26-year-old council worker tested positive to cannabis and MDMA. It was his third major offence in five years, but after seeing his GP and starting counselling he received the 6-month minimum and a $400 fine.

Key takeaways

The charge was a second or subsequent drug driving offence: Joshua lists a $3,300 maximum fine, 12 months automatic and 6 months minimum.
The client had a mid range PCA two years earlier and a drug driving offence three years earlier.
He was driving to pick up a shirt for his grandmother's funeral when stopped at an RBT.
He saw his GP, got a mental health care plan and a counselling referral.
The court imposed the 6-month minimum and a $400 fine.

A second or subsequent drug driving charge

In this Lismore drug driving case study, Joshua Boorman appeared at Lismore Local Court for a man charged with driving with an illicit drug present in his system. He tested positive to cannabis and MDMA.

The hurdle was his history. He had a middle range drink driving offence about two years earlier and a similar drug driving offence about three years earlier. That made three major offences in five years, and the charge was treated as a second or subsequent offence.

The penalties he faced

Joshua explains that the second or subsequent category ups the ante. The maximum fine was $3,300, the automatic disqualification was 12 months and the minimum was 6 months. Given his record, our client was not going to be in line to keep his licence.

What happened

Only a week before, his grandmother had passed away. He was emotional, has a history of anxiety and depression, and went into what Joshua describes as an emotional spiral. He had taken MDMA about 36 hours before driving, and cannabis about 12 hours before.

On the morning of the offence he was driving into town to pick up a shirt for his grandmother’s funeral the next day. He was stopped at an RBT. He was not speeding or driving erratically, and he was negative to alcohol. He was also driving on an expired licence, which was dealt with by an infringement and has since been sorted out.

About our client

He is 26, single, and lives in shared accommodation in East Lismore.
He works for the council in a role that requires a licence, and without one he faces termination.
He has a history of anxiety and depression.

Lismore drug driving case study: how Joshua Boorman presented the case

Joshua took the history head-on with the magistrate. As he put it, there was no sugar-coating it: the record was already tainted by previous offences.

What our client had done was see his GP, get a mental health care plan and a referral to counselling. Joshua told the magistrate that he was at a crossroads: either he does something about his drug use, or he continues down this path and ends up back before the court. His genuine intention appeared to be to address his mental health and his substance use, and the magistrate accepted that he was genuine.

The outcome

the 6-month minimum disqualification; and
a $400 fine.

Joshua describes this as a very good outcome given how poor the traffic record was. Our client now has to work out how to manage his life without a licence for the next six months.

What this case shows

Even with a poor record, the court can impose the minimum where there are genuine steps towards addressing the underlying problems. Every case is different, and outcomes depend on the facts and the person’s history.

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 second or subsequent offence of driving with an illicit drug present, Transport for NSW lists a maximum court-imposed fine of $3,300, a minimum disqualification of 6 months and an automatic disqualification of 12 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.
Intervention programs and deferred sentencing: Fines in NSW are expressed in penalty units, and the Sentencing Council notes that a penalty unit is currently $110.

Frequently asked questions

What penalty did the client receive?

The 6-month minimum licence disqualification and a $400 fine.

Why was this treated as a second or subsequent offence?

He had a similar drug driving offence about three years earlier, as well as a mid range drink driving offence about two years earlier.

What did the client do before court?

He saw his GP, got a mental health care plan and was referred to counselling. Joshua told the court he was at a crossroads and genuinely wanted to address his drug use and mental health.

What are the penalties for a second drug driving offence in NSW?

As at October 2026, Transport for NSW lists a maximum court-imposed fine of $3,300, a minimum disqualification of 6 months and an automatic disqualification of 12 months for a second or subsequent offence of driving with an illicit drug present.

Which drugs do NSW roadside drug tests detect?

As at October 2026, Transport for NSW lists active THC (cannabis), methylamphetamine (speed or ice), MDMA (ecstasy) and cocaine.

Read the video transcript

Good Josh here from Boorman Lawyers just out the front of Lismore Local Court I've appeared on a drug driving offence a drive with illicit drug present in my client system came through positive to cannabis and MDMA I guess the hurdle in this matter was it was not our client's first matter he had um a middle-range drink driving offence at [unclear] only 2 years ago and then 3 years ago he had a similar drug driving related offence

Which was also at [unclear] about 3 years ago so three major offences this was in a period of 5 years did not bode well for our client um he was clearly not going to be in line to get his licence back categorised as a repeat second or subsequent offence um which does up the ante to the penalties the maximum fine was $3,300 um automatic period of six uh sorry 12 months disqualification and um a minimum period of 6 months

So we presented some material before the court obviously there was some um uh subjective factors to be taken on board it was only a week prior his grandmother had passed away um he was emotional he does have a history of anxiety and depression um went into a bit of an emotional spiral admidst consuming MDMA about 36 hours prior to the matter and then 12 hours prior to the matter, cannabis he is now currently medicated for the Cannabis

But obviously not the MDMA um on the morning of the offence he was just driving into town to pick up a shirt for his grandmother's funeral the next day it was an RBT he wasn't speeding driving erratically he was on an expired licence but um he was dealt with that by way of an infringement and that's been sorted out um negative to alcohol but positive to the drugs in his system so yeah I mean he's a a relatively young man still at 26 years of age uh single lives in shared accommodation in East Lismore works for the council as a

Well he works for the council I won't say in which department but um let's just say he does require a licensed to work uh for the council and um and yeah without a licence he's facing termination from his work and that's pretty obvious given the nature of the job that he does do these issues were all taken on board I hit I hit his history headon with the magistrate I said there's no sugarcoating it it's already tainted by some previous offences

But he did go along to his GP he got a mental health care plan done referral to some counselling and as I said to the um magistrate he's at the crossroads as to whether he does something about these um drug taking issues or um he um continues down this path and he'll be back here again before the court but his genuine intention appears to be wanting to do something to help his mental health and his substance

Consumption so I think the magistrate um conceded that he was genuine in um the client's belief to or intention to go down that route um our client today was um given a very good outcome come for how bad his traffic record was he was given 6 months minimum period off the road he's given a $400 fine and that's the end of the matter he's um now got to look to how he can customise his life without a licence for next 6 months but given it was a minimum period third major offence in 5 years a very good outcome here today at Lismore Local Court.

General information only, based on New South Wales law at the time of filming. Not legal advice — every case turns on its own facts. Past results don't guarantee future outcomes.