QLD law Court-town guides Drug driving

Cloncurry Drug Driving Case Study: Two Charges 56 Hours Apart, No Convictions Recorded (QLD)

Name: Cloncurry Drug Driving Case Study: Two Charges 56 Hours Apart, No Convictions Recorded (QLD)
Uploaded: 2025-10-11T00:00:00+10:00
Duration: 6 min 38 s
Description: Joshua Boorman explains two methamphetamine drug driving charges about 56 hours apart, one near Cloncurry and one near St George. Both were brought together at Cloncurry Magistrates Court, where the client received the 3-month minimum and a $350 fine for each, and no convictions were recorded because he travels overseas for work.

By Joshua Boorman, Principal, Boorman Lawyers · 11 October 2025 · 6:38 video

Jurisdiction: Queensland
Court: Cloncurry Magistrates Court (St George matter transferred)
Charges: Two counts of driving with a relevant drug present (methamphetamine), about 56 hours apart — repeat offences
Outcome: Guilty pleas. 3-month minimum disqualification for each offence; $350 fine for each; no convictions recorded.
Filmed: October 2025

Summary

Joshua Boorman explains two methamphetamine drug driving charges about 56 hours apart, one near Cloncurry and one near St George. Both were brought together at Cloncurry Magistrates Court, where the client received the 3-month minimum and a $350 fine for each, and no convictions were recorded because he travels overseas for work.

Key takeaways

The client tested positive again about 56 hours after his first charge, even after waiting out the 24-hour suspension and an extra day.
A similar drug driving offence 18 months earlier made both charges repeat offences, with a 3-month minimum disqualification.
Transferring the St George matter to Cloncurry meant both charges were dealt with together so penalties did not double up.
Regular workplace drug testing, the traffic offender program, a reference and an apology supported the submissions.
No convictions were recorded because the client travels to Indonesia for work every six weeks.

A tricky matter in north-west Queensland

Cloncurry is a small, arid country town about an hour and 20 minutes from Mount Isa. In this Cloncurry drug driving case study, Joshua Boorman appeared at Cloncurry Magistrates Court on a tricky matter: two drug driving offences, committed roughly 56 hours apart.

The first offence

Our client lives in St George, near the Queensland–New South Wales border. He and his father had gone on a fishing trip to a crossing up near the Northern Territory (the name is unclear in the recording). One night his father went to bed while he stayed up partying with people he had met, and he was offered and took drugs.

At about 4 pm the next day he was pulled over for speeding just outside Cloncurry. A roadside drug test came back positive. He thought he had taken cocaine, but the result showed methamphetamine. He was charged with driving with a relevant drug present in his system.

The second offence

He was given a 24-hour suspension, and his father drove for the rest of the roughly two-day trip home. He waited out the suspension, then waited another day before driving. Police then stopped him for a random roadside drug test — and he was still positive from the drug he had taken two or three nights earlier. It came as a big shock, but he was charged with the same offence a second time.

Bringing both charges into one court

Our client works offshore in mining, so he could not attend the first court mentions for either charge. We arranged for the St George matter to be transferred to Cloncurry to sit with the first offence, and both were adjourned to the same date in October 2025.

As Joshua explains, in a situation like this you do not want to deal with one charge and then the other, because the penalties can end up doubling up on each other. You want them dealt with at the same time.

His traffic history

His history was a problem. He had a similar drug driving offence about 18 months earlier, which meant both new offences were treated as second or repeat offences. He also had two older driving offences, from about 17 and 25 years ago, which were not given as much weight. Joshua notes that the minimum disqualification for a second offence of this kind is three months.

What was put before the court in this Cloncurry drug driving case study

He is a hard-working man who is subject to regular drug testing at work. There were no drug addiction issues, although Joshua acknowledges he likes to party when he is off work.
He works six weeks on, followed by time off (the exact roster is unclear in the recording), and travels to Indonesia for work.
He has two children, and Joshua describes the last three years in that part of his life as very toxic (part of this passage is unclear). Getting back on the road quickly was important to maintaining access to and custody of his children.
He completed the traffic offender program for the first time, obtained a reference connected with his work (partly unclear in the recording), and wrote a good letter of apology.

The outcome

The magistrate agreed with our submissions, and the prosecution agreed that the minimum period was appropriate. The court imposed:

the three-month minimum disqualification for each offence;
a $350 fine for each offence; and
no convictions recorded, because he travels to Indonesia for work every six weeks.

What started out as a messy and complex situation — two courthouses and a client unable to attend the early mentions — was wrapped up together in one hearing and ran smoothly.

What this case shows

Drugs can stay in your system for days. Here, waiting out the 24-hour suspension and an extra day was not enough. When there are multiple charges in different courts, bringing them together can avoid penalties stacking up and can be far more practical for someone who works away. Every case is different and depends on its own facts.

Key general information (QLD)

General information only, not legal advice, as at October 2026. Every case turns on its own facts.

Drug driving offences: If another drug driving charge is already pending, the licence is suspended immediately until the court date.
The broad penalty picture: For a repeat drug driving offence, which TMR describes as a previous drug driving conviction in the last five years, a court may disqualify for up to 2 years and impose a fine of up to $12,434 or a term of imprisonment.
Work licences: Queensland has a “restricted licence”, commonly called a work licence, under section 87 of the Transport Operations (Road Use Management) Act. TMR’s restricted licence page explains that the application is made to the magistrate after a finding of guilt and before the disqualification is imposed.
Sentencing and convictions: Alongside the disqualification set under the road transport laws, the general sentencing law in Queensland is the Penalties and Sentences Act 1992 (Qld).
The court process: Drink and drug driving charges in Queensland are dealt with in the Magistrates Court.

Frequently asked questions

What penalty did the court impose for the two drug driving charges?

The magistrate imposed the three-month minimum disqualification and a $350 fine for each offence, and did not record convictions.

Why was he charged a second time days later?

After the first charge he waited out his 24-hour suspension and one more day before driving, but a random roadside drug test still detected the drug he had taken two or three nights earlier.

Why combine the two charges in one court?

Joshua explains that dealing with the charges separately risks the penalties doubling up. The St George matter was transferred to Cloncurry so both could be finalised at the same time.

Why were no convictions recorded?

The defence sought a no-conviction outcome because the client travels to Indonesia for work every six weeks, and the magistrate agreed not to record convictions.

Which drugs are “relevant drugs” in Queensland?

As at October 2026, TMR lists methylamphetamine (speed or ice), MDMA, THC (the active ingredient in cannabis) and cocaine.

What happens to a Queensland licence after a positive roadside drug test?

TMR says a positive test results in a 24-hour suspension. If the person is charged and has no other drug driving charges pending, the licence generally stays valid until court; if another drug driving charge is pending, it is suspended immediately until the court date.

Read the video transcript

Okay guys, I'm just it's Josh from Boorman Lawyers. I'm just here outside uh Cloncurry Magistrates Court. Small little country town about uh an hour and 20 minutes outside of Mount Isa, the uh the famous Queensland mining town. Um so yeah, little arid Australian town. Pretty windy out here, but I've had a bit of a tricky matter. two drug driving offences. Um each offence was basically about 56 hours apart from each other. Um our client lives in u uh St George, sort of on the southern uh border of uh Queensland, New South Wales.

Um just inland from the coast. Um that's where he lives. But um on this the first occasion, the first offence, he and his father had gone on a fishing trip up to [unclear] Crossing up near the Northern Territory. And um he'd been fishing. He met some people up there. Uh at the end of the night, his father retired to bed. He stayed up partying. He was offered some drugs. He took the drugs. Um had a great time. The next day, he was pulled over for speeding about 4:00 the next day in the afternoon. um driving just outside of Cloncurry here and um mobile drug tested came back positive.

He thought he had taken cocaine the night before but it was actually um came through positive as methamphetamine. Now tells me he was intoxicated. But whether he knew exactly what he was taking, it is probably [unclear] question. But um yeah, he came back strong as methamphetamine and um he was charged with a um drive with relevant drug present in his system. So he then continued on his journey back u from Cloncurry area to St George. It's about two two-day trip. He was with his father. His father drove the rest of the way and then um he had a 24-hour suspension.

So he uh waited that period of time and then he waited another day before deciding to drive. He's pulled over by police for um a mobile drug test, random test and um he uh he was still positive from the two nights, two three nights earlier when he consumed the drug. So um very big shock to the system that it was still present, but he was charged with the same offence again. So we did have to do a bit of um shuffling around. Um he also works offshore in the mines so he wasn't able to attend either of the first court mentions.

So we arranged for the um St George [unclear] to be transferred up to Cloncurry um to meet up with the first drug driving offence and we had both matters adjourned to today um October 2025 here at [unclear: Cloncurry]. Uh we wanted to group them together. You certainly with these sorts of situations do not want to um deal with one and then deal with another because then um basically they're doubling up on each other. you want done at the same time and um and that's what we did today.

Um the the his history was a bit problematic. He did have a similar drug driving offence about 18 months ago. He had two [unclear] driving offences 17 and 25 years ago. They sort of not really taken into account as much. But the one from 18 months ago um did make these offences um categorised as second or repeat offences. So minimum period for a second [unclear: drug] driving offence um is 3 months. Um we explained to the court that you know he's a hardworking man. He works in the [unclear] that's good money.

He's subject to regular drug testing. So um he works six weeks on [unclear] weeks off. So, you know, certainly while he's at work, [unclear] there's no drug addiction issues here, but um it's clear he does like to party [unclear], but he's um off work. Um he's got two children. He's going through [unclear] over the last three years. Very very toxic [unclear]. He did the traffic [unclear: offender] program. First time he has ever done it. [unclear] reference from his [unclear] work. Put forward a good letter of apology and we gave strong submissions to the court and um his need to get back on the road as quickly as possible basically to um maintain access and custody to his children is pretty um important to him.

Um the magistrate was lovely here today. He agreed with our submissions. The prosecution was pretty smooth sailing. They um uh also um agreed with us. Um the the minimum period should be three months for each offence. Um and um a $350 [unclear: fine] for each offence was given. And the magistrate gladly did not record any convictions because he does travel to Indonesia for work um every 6 weeks. So uh we were sort of seeking a no conviction be recorded. Um so yeah it it it started out extremely uh messy complex two different courthouses defendant unable to attend on the first court mentions um we had it all wrapped up and combined here today and then it ran smoothly.

So that's um we've got today here at the lovely [unclear] Magistrates Court in [unclear] North West.

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