Burwood Drug Driving Case Study: Cocaine Charge, Disqualification Halved to the 3-Month Minimum (NSW)

Jurisdiction
New South Wales
Court
Burwood Local Court
Charges
Drive with illicit drug present (cocaine) — first offence of its kind
Outcome
Guilty plea. Conviction recorded. Disqualification reduced from the 6-month automatic period to the 3-month minimum; fine reduced to $600.
Filmed
April 2026

Summary

Joshua Boorman explains a cocaine drug driving matter at Burwood Local Court. The client was not affected at the time but tested positive about 36 hours after use. A no-conviction outcome was refused because of his recent traffic record, but the disqualification was halved to the 3-month minimum and the fine cut to $600.

Key takeaways

  • The charge was drive with an illicit drug present: the client was not affected by cocaine but it was still in his system about 36 hours after use.
  • For a first offence of this kind, Joshua explains the automatic disqualification is six months and the minimum is three months.
  • A traffic offender program, references from his mother and employer, and an apology letter supported the plea.
  • About 12 entries on his traffic record in six years, five in the last year, stopped the court from granting a conditional release order without conviction.
  • The magistrate halved the disqualification to three months and reduced the fine to $600.

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.)

Frequently asked questions

What penalty did the court impose in this Burwood drug driving case?

A conviction was recorded, the disqualification was reduced from the six-month automatic period to the three-month minimum, and the fine was reduced to $600.

Can you be charged with drug driving if you were not affected by the drug?

Yes. In this case the client was not affected by cocaine when he drove, but it was still present in his system about 36 hours after he had used it, and he was charged with driving with an illicit drug present.

Why didn't the client get a conditional release order without conviction?

Although he had no prior drink or drug driving offences and no criminal record, he had about 12 entries on his traffic record over six years, around five of them in the previous year. The magistrate could not look past that record.

What did the client do to prepare for court?

He completed a traffic offender program, told his mother and employer about the charge, obtained references from both, and wrote a letter of apology.

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.

What is a conditional release order?

A conditional release order (CRO) is a NSW sentencing option under the Crimes (Sentencing Procedure) Act 1999. It can be made with or without a conviction, and the NSW Sentencing Council notes it can last up to 2 years. Whether one is appropriate is a matter for the court in each case.

Read the video transcript

Good day, Josh Boorman here from Boorman Lawyers. I'm just outside Burwood Local Court in the west of Sydney. Today I've had a drive with illicit drug present in my client's system. So the drug was namely was cocaine. Um quite a prevalent drug in our society. The type of offence that this was is he wasn't affected by the drug at the time, but he had consumed some cocaine about two nights prior to or 36 hours prior to the offence. He was unexpectedly called into work early on the Saturday morning and he was pulled over for a random breath test.

Negative to alcohol, but upon further mobile drug testing it came back positive to cocaine. A further sample was then taken, sent off to the police lab and sometime later that came back as positive. Um at the time of the offences given 24 hours off the road, but then when the um results came back he was given a court attendance notice and that's what we did. We appeared here at court today. My client pleaded guilty to the offence. Um and he did a number of things to try and benefit his case.

He went and did a traffic offender program. He disclosed the matter to his mother, his employer. He got letters of reference from both those people and also a letter of apology he prepared himself. So we present that to the court today. Now for this type of offence is the first offence of its kind. He's got no prior convictions or major traffic offences in the last 5 years. Um for this type of offence the starting point, what they call the automatic period is 6 months off the road.

[unclear] and a $2,200 um fine. Now the magistrate has discretion to reduce that period of disqualification to what they call the minimum period. That's 3 months. They can also reduce the fine as well. [Short promotional segment omitted.] There is a particular outcome called a conditional release order with no conviction, no disqualification, no fine. Usually get put on a good behaviour bond. As the magistrate said, that's one outcome that everyone coming through this door today wants. But, they are given out sparingly. Um It was my ultimate submission that the court could uh proceed and give him a a good behaviour bond and not proceed to conviction.

But, unfortunately his traffic record didn't um persuade the magistrate to give that particular outcome. He did have Whilst he had no prior drink or drug driving or major traffic offences, no criminal record behind him, over the past 12 years there were about um Sorry, over the past 6 years there are about 12 entries on his record. So, and in particular over the last year there was quite an influx of about five entries. So, it has progressively gotten worse over time um his manner of driving on the road um uh but uh unfortunately the magistrate couldn't see past that record and couldn't um uh give him a no conviction.

And um he did convict him today. Um he did do um use his discretion to reduce the disqualification from 6 months down to the minimum period of 3 months. He also reduced the fine down to $600. So, um you know, it it it wasn't the the holy grail of outcomes, but it was a a good outcome in the sense that uh he halved the disqualification period and gave him a significantly reduced fine. Our client was pragmatic. He understood. I explained to him going into this courtroom today that um you know, uh getting straight back on the road and avoiding any sort of penalty was probably unlikely.

It was worth going in and fighting for it and pushing for it, but um we didn't get that today. So, he was understanding of the 3 months he needs to serve and I think he'll get through next 12 weeks okay. But I do think he's learned some um massive uh lessons out of this entire incident. And I do think um that he um will not be back before the criminal justice system again in the future. So, thanks for tuning in here at Burwood Local Court in the west of Sydney.

Uh thanks for tuning in.

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.