A first offence on the mid-north coast
In this Taree drug driving case study, Josh Boorman appeared at Taree Local Court, in a rural coastal town in New South Wales, on a charge of driving with an illicit drug present. His client was a 20-year-old woman facing her first offence.
How it happened
After a couple of years out of work during COVID, she had finally found a job she was passionate about, as a disability support worker. Before she started, around Christmas time, she was pulled over for not displaying her P plates. She held a green P (provisional) licence.
She also returned a positive reading for cannabis. She was open and honest with police, admitting that she had shared a cannabis joint with a neighbour the night before. Josh says she was not affected or impaired when driving, but there was still a positive reading in her system. She received an infringement and demerit points for not displaying P plates. The drug driving charge came through about four months later.
Why her licence mattered
By the time of court, she was working as a disability support worker. One of her clients is a 13-year-old boy with cerebral palsy, from a difficult home background, who relies heavily on her to drive him and support him. Josh describes it as very worthwhile community-based work, and her need to keep driving to keep the job and support her client was a central part of the case.
Taree drug driving case study: how Joshua Boorman prepared
The material handed up included:
- a letter from her employer and her employment contract, showing that driving is an essential part of the job;
- a letter from the local church;
- a letter from her brother’s partner, who works at the same company and could speak to the work they do;
- her Traffic Offenders Program certificate; and
- a very strong, heartfelt letter of apology.
Josh says he thinks the preparation got them over the line. When he stood up to make submissions, the magistrate referred to the material in detail and did not press him hard on his request for a conditional release order without conviction, which would allow her to keep driving.
The outcome
The magistrate saw her as a young woman who had made a mistake, and treated it as a one-off, isolated incident. The court made a conditional release order for nine months without conviction, with no fine and no disqualification. She must not reoffend during those nine months, and Josh is confident she will not.
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.
- Penalty notices and suspensions for a first drug driving offence: If the matter instead goes to court, Transport for NSW lists a maximum court-imposed fine of $2,200, a minimum disqualification of 3 months and an automatic disqualification of 6 months for a first offence.
- Conditional release orders: The NSW Sentencing Council explains that a conditional release order (CRO) can be made with or without recording a conviction.
- Other low-end sentencing options: If an offence is not trivial enough to be dismissed under section 10 of the Crimes (Sentencing Procedure) Act, but there are other good reasons not to impose a penalty, the court can convict the person without any other penalty under section 10A.
Further reading and related videos
Boorman Lawyers has more on appearing at Taree Local Court, NSW drug driving offences and penalties and no-conviction outcomes in NSW. Its NSW DUI site covers drug and drink driving matters across regional NSW.
On this site, see a Waverley second drug driving case and a Burwood drug driving case, or browse all NSW and drug driving videos.
For people who are preparing to plead guilty without a lawyer, DIY DUI’s Taree page 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.)
