NEW SOUTH WALES

Casino Drug Driving Lawyer Case Review: Second Offence, No Conviction Recorded

By Joshua Boorman · · NSW posts

In shortIn this case review, Casino Drug Driving Lawyer Joshua Boorman explains a drive with a relevant illicit drug present (cannabis) matter at Casino Local Court in the NSW Northern Rivers. Our client, a tradesperson, was on the way to work early in the morning when a breath test was negative but a mobile drug test showed cannabis still present. It was a second offence within five years, so police issued a court attendance notice rather than a penalty notice. Before court our client completed the Traffic Offenders Program and put an apology letter and character letters before the court. The Local Court judge made a conditional release order without conviction: no conviction recorded, no disqualification and no fine.

  • Drive with a relevant illicit drug present (cannabis); breath test negative, mobile drug test positive
  • Second offence within five years — court attendance notice, not a roadside penalty notice
  • Outcome: conditional release order without conviction; no disqualification and no fine

NSW law · law checked 10 Nov 2026

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Drug Driving Lawyer outside Casino Courthouse
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Case overview

Joshua Boorman recently appeared at Casino Local Court, in Casino in the Northern Rivers of New South Wales, on a drive with a relevant illicit drug present charge. The drug detected was cannabis.

There was nothing aggravating about the manner of driving. The difficulty was the record. This was our client’s second offence within five years. The earlier matter had been dealt with by a roadside penalty notice. Because this one fell inside that five-year window, it was treated as a second or subsequent offence and went to court on a court attendance notice.

This post is a case review. For practical information about the court itself and how our Casino DUI lawyers appear there, see our Casino Local Court page. Below, we focus on how this matter was prepared and what was put to the court.

Watch the video: Casino Drug Driving Lawyer Joshua Boorman outside Casino Local Court

Joshua Boorman explains this Casino Local Court matter. Every case is different. Past results don’t predict the outcome of any other matter.

We placed the video here, straight after the overview, so you can hear Joshua explain the matter in his own words before reading the detail.

What happened

Our client was a tradesperson on the way to an early start. Driving was important for the work — tools and equipment had to be carried, and there is little or no public transport at that hour in the area.

Police pulled our client over. A breath test was negative. A further mobile drug test then showed cannabis still present in our client’s system. Our client was open with police and admitted using cannabis two days earlier.

Usually a first offence of this kind can be dealt with by a roadside penalty notice: a fine and a three-month licence suspension, with no conviction recorded and no court appearance. That option was not open here. Because there had been the same offence about four and a half years earlier, dealt with by penalty notice, this matter fell inside the five-year window and was categorised as a second or subsequent offence. Our client was given a court attendance notice to appear at Casino Local Court.

As Joshua put it, the prior offence was the elephant in the room. A repeat drug driving presence charge within five years is concerning to the court, even where there is nothing else aggravating about the driving.

The offence and the relevant NSW law

In NSW, section 111 of the Road Transport Act 2013 makes it an offence to drive a motor vehicle while a prescribed illicit drug is present in your oral fluid, blood or urine. Cannabis (active THC) is one of the drugs a roadside oral fluid test screens for. The offence is about the presence of the drug. Police don’t have to prove your driving was affected. Driving under the influence of a drug is a separate, more serious offence under section 112.

The NSW Government also notes that if a roadside test is positive, it is repeated, and further samples go to a laboratory for confirmation. You must not drive while waiting for the results.

The penalties depend on whether it is a first offence or a second or subsequent offence. Under section 9 of the Road Transport Act, an offence is a second or subsequent offence if, within the previous 5 years, the person was convicted of the same offence or any other major offence, or had an alcohol or other drug related driving offence dealt with by penalty notice. A penalty notice is “dealt with” if it was paid or part paid, or the time to elect to go to court has passed. The disqualification periods themselves are set by section 205. According to the Judicial Commission of NSW Local Court Bench Book and the NSW Government, a second or subsequent offence of driving with an illicit drug present carries:

  • a maximum court fine of $3,300
  • an automatic disqualification of 12 months, which applies unless the court orders a different period
  • a minimum disqualification of 6 months
  • no maximum disqualification, according to the NSW Government
  • no term of imprisonment

For a first offence, the range is lower: an automatic disqualification of 6 months, a minimum of 3 months and a maximum court fine of $2,200. A first offence can also be dealt with by penalty notice (currently listed by the NSW Government as a $722 fine and a 3-month licence suspension). That penalty-notice option wasn’t open here.

Where the court finds a person guilty but does not proceed to conviction, it can make a conditional release order without conviction under section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW), with the order itself made under section 9. A fine and a conditional release order cannot both be imposed for the same offence. A no-conviction outcome is not automatic on a second offence within five years. Whether it is open depends on the facts of each case, the person’s record and the material before the court.

For more detail, see our guide to NSW drug driving offences and penalties, and our pages on NSW drink driving penalties and NSW drink driving offences.

Why a second offence within five years mattered

If this had been a first offence, it may well have stayed on the roadside as a penalty notice. Once it became a second offence within five years, the higher court penalty range applied and a conviction with disqualification was squarely in play. The starting point under section 205, if the court convicts, is an automatic 12-month disqualification with a 6-month minimum.

Joshua’s focus was therefore on whether the court could be persuaded not to proceed to conviction at all — that is, a conditional release order without conviction — rather than only on shortening a disqualification. He was upfront that a no-conviction outcome on a second offence within five years does not always happen, and that the prior matter was the main concern for the court.

How our Casino Drug Driving Lawyer prepared the matter

Joshua put the offence in context and gave the court material to work with. The key pieces were:

  • Conceding the facts. There was nothing aggravated about the manner of driving. Our client was not driving erratically and was not alleged to have been affected at the time. It was a presence offence after a negative breath test and a positive mobile drug test.
  • The Traffic Offenders Program. Our client completed the program before sentence. See our page on the NSW Traffic Offenders Program.
  • A letter of apology.
  • Character material. Letters from our client’s partner, from an employer, and from a long-standing contact with standing in the local community.
  • Steps since the offence. The court was told that our client had stopped using cannabis since the offence and had taken the court process seriously, including engaging a solicitor and completing the steps advised.
  • The impact of losing a licence. Driving was important for our client’s work as a tradesperson in a regional area with limited public transport, particularly for early starts and carrying tools.

None of that made the offence less serious, and Joshua did not suggest it did. It gave the court a documented basis to consider a non-conviction outcome despite the prior matter within five years.

The outcome

As Joshua explains in the video, the Local Court judge was persuaded. The court made a conditional release order without conviction. On the charge, the court imposed:

  • no conviction recorded
  • no licence disqualification
  • no fine
  • a conditional release order requiring our client to be of good behaviour

Joshua describes this as a positive outcome that reflected preparation and candour about the prior offence. It should not be read as typical. Every case is different, and the outcome turns on its own facts, the person’s record, the material before the court and the Local Court judge on the day. Past results don’t predict the outcome of any other matter.

Practical lessons if you’re facing a similar charge at Casino Local Court

  • Presence is enough. In NSW, the offence is having the drug present. Feeling fine, or having used days earlier, isn’t a defence to a section 111 charge.
  • A prior penalty notice within 5 years changes the pathway. An earlier alcohol or drug driving penalty notice that was dealt with can push a later matter into the second-offence court range, with a court attendance notice instead of an on-the-spot fine.
  • Do the work before court. The Traffic Offenders Program, an apology letter and character letters take time to organise. Start early.
  • Be honest about the prior matter. If you’ve been dealt with for the same kind of offence before, the court will know. Showing what is different now matters.
  • A no-conviction outcome is never automatic. It can be open even on a second offence within five years, depending on the facts, but it is never something to assume.
  • Plan for work. If your job depends on your licence in a regional area, think early about how you’d manage a disqualification if one is imposed.

Talk to a Casino Drug Driving Lawyer

If you’ve been charged with drug driving or drink driving and your matter is listed at Casino Local Court, or elsewhere in the NSW Northern Rivers, our Casino DUI lawyers can help you prepare and can appear for you in person or by AVL. Our Casino DUI lawyers page explains how we work at that court.

This is general information only, not legal advice. Every case is different, and past results don’t predict the outcome of any other matter.

Call 1300 941 900 or make an enquiry about legal representation at boormanlawyers.com.au.

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FAQs about this post

Is drug driving in NSW about whether I was affected by the drug?

No. Under section 111 of the Road Transport Act 2013 (NSW), the offence is driving with a prescribed illicit drug, such as cannabis (active THC), present in your oral fluid, blood or urine. Police do not need to prove your driving was affected. Being under the influence of a drug is a separate and more serious offence under section 112.

What is the penalty for a second or subsequent drug driving offence in NSW?

For a second or subsequent offence of driving with an illicit drug present, the Judicial Commission of NSW Local Court Bench Book and the NSW Government list a maximum court fine of $3,300, no imprisonment, an automatic disqualification of 12 months and a minimum disqualification of 6 months, with no maximum disqualification. A conviction for a major offence, or an alcohol or other drug related driving offence dealt with by penalty notice, within the previous 5 years counts for this purpose. The penalty in any case depends on its own facts.

Why did this matter go to court instead of a penalty notice?

A first offence of driving with a prescribed illicit drug present can often be dealt with by a roadside penalty notice (a fine and a three-month licence suspension). Where there has been a previous major offence, or an alcohol or other drug related driving offence dealt with by penalty notice, within the previous 5 years, the later matter is treated as a second or subsequent offence and is dealt with by a court attendance notice.

Can I get no conviction on a second drug driving offence within five years in NSW?

It can be open, but it is not automatic. The court can make a conditional release order without conviction under section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW), with the order itself made under section 9. Whether that happens depends on the facts of the case, the person’s record, the material put before the court and the Local Court judge on the day. Past results don’t predict the outcome of any other matter.

Does the Traffic Offenders Program help in a drug driving matter?

The Traffic Offenders Program is one way to show the court you have reflected on the offence. In this matter it was put before the court together with an apology letter and character letters. Whether it makes a difference depends on the facts of each case.

Do Casino DUI lawyers appear in person at Casino Local Court?

Boorman Lawyers appears at Casino Local Court either in person or by audio-visual link (AVL), depending on the listing and the court’s directions. We’ll tell you early what applies to your matter and whether you need to attend.

When should I speak to Casino drug driving lawyers?

As early as possible after you’re charged. The Traffic Offenders Program, letters and other material all take time to organise before your court date. Early advice also helps you understand whether the matter is being treated as a first or subsequent offence.

Sources and date checked

Sources and references for this page, checked 10 Nov 2026.

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