NEW SOUTH WALES

Corowa DUI Lawyer and Drug Driving Lawyer Case Review: Third Offence in Five Years

By Joshua Boorman · Published · NSW posts

In shortIn this case review, Corowa DUI lawyer and Corowa drug driving lawyer Joshua Boorman explains a drug driving matter at Corowa Local Court, just inside New South Wales on the Victorian border. Our client returned a positive roadside drug test to methamphetamine. It was his third offence in five years. Before court he completed the Traffic Offenders Program and sought support through his GP and a drug counselling referral. The judge reduced the disqualification from the 12-month starting point to the 6-month minimum and imposed a $700 fine.

  • Drive with illicit drug present (methamphetamine) after a random drug test
  • Third offence in five years, so dealt with as a repeat offence
  • Outcome: 6 months’ disqualification (the minimum) and a $700 fine

NSW law · law checked 3 Nov 2026

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DUI Lawyer outside Corowa Courthouse
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Case overview

Joshua Boorman recently appeared at Corowa Local Court, a small regional court in Corowa, a town just inside New South Wales on the NSW–Victorian border. Our client was charged with driving with an illicit drug present, after a roadside drug test returned a positive result to methamphetamine.

There was nothing aggravating about the driving itself. The difficulty was his record. This was his third offence in five years, which made it a repeat offence. As Joshua put it, the elephant in the room was the court needing to know what he was doing to address the underlying cause of the offending.

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

Watch the video: Corowa DUI lawyer Joshua Boorman outside Corowa Local Court

Joshua Boorman explains this Corowa 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 driving along the road when police pulled him over. He was stopped for a random breath test, which was negative. Police then carried out a random drug test, and it showed a positive reading to methamphetamine.

He had not taken the drug for about three days before he drove. That didn’t change the position. As Joshua explained, with two earlier matters he should have known how the law works and that he was running a risk by driving only a few days after using drugs.

There was nothing else aggravating about the matter. There were no passengers in the car, and he wasn’t stopped because of the way he was driving: it was a random breath and drug test.

His licence was important to his work, and he was under no illusions that a third offence in five years meant he would lose it. He now has to work through with his employer whether there is other work he can do without 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. Methamphetamine (speed or ice) is one of the drugs a roadside 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. That option wasn’t open here.

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 third offence in five years mattered

The 12-month automatic period was the starting point. The Bench Book notes that a judge must consider whether to vary an automatic disqualification period. To get the court to order something shorter, there had to be a good reason, and with a third offence in five years, the court’s main concern was the risk of it happening again.

On his two earlier matters, our client had not done the Traffic Offenders Program and had not sought any help. If nothing had changed, the court would have had little to suggest this time would be any different. For Corowa drug driving lawyers, the job was to show the court real, documented steps he had taken to deal with the cause of the offending.

How our Corowa drug driving lawyer prepared the matter

Joshua was upfront about the record. He put the offence in context and gave the court material to work with. The key pieces were:

  • Conceding the facts. The matter was dealt with on the basis that there was nothing aggravating about the driving: a random test, no passengers and no complaint about the manner of driving.
  • The Traffic Offenders Program. He completed the program before sentence. See our page on the NSW Traffic Offenders Program.
  • Getting help. He sought support through his GP and a drug counselling referral. For the first time, the court had something showing he was working on the underlying problem.
  • The impact of losing his licence. His licence was important to his work. The court was told about that, while he accepted a disqualification was coming.

Joshua said these steps gave the court a little more assurance that our client was doing something about his drug use. None of it made the offence less serious, and Joshua didn’t suggest it did. It gave the court a reason to look at the lower end of the range.

The outcome

As Joshua explains in the video, the starting point for a repeat offence of this kind was 12 months off the road, and the minimum was 6 months. The judge agreed to reduce the disqualification to the minimum. The court imposed:

  • a 6-month licence disqualification
  • a $700 fine

No other penalty was imposed. The next 6 months off the road will still be hard for our client as he tries to keep his job.

This is one past result. Every case is different, and the outcome turns on its own facts, the person’s record, the material before the court and the judge on the day. This outcome should not be read as typical. Past results don’t predict the outcome of any other matter.

Practical lessons if you’re facing a similar charge at Corowa 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.
  • Your record within 5 years matters. A previous major offence, or an alcohol or drug driving penalty notice that was dealt with, in that period moves you into the higher penalty range, with a 12-month automatic disqualification.
  • Do the work before court. The Traffic Offenders Program and proof of real steps to address drug use take time to organise. Start early.
  • Be honest about the past. If you didn’t get help last time, the court will notice. Showing what is different now matters.
  • Plan for work. If your job depends on your licence, think early about how you’ll manage during a disqualification.

Talk to Corowa drug driving and drink driving lawyers

If you’ve been charged with drug driving or drink driving and your matter is listed at Corowa Local Court, our Corowa drink driving lawyers can help you prepare and can appear for you in person or by AVL. Our Corowa DUI lawyers page explains how we work at that court, and we also appear at Albury (see our Albury DUI lawyers page).

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 methamphetamine, 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.

Can I still drive with drugs in my system days after using them?

You can be charged if a prescribed illicit drug is present, whenever it was taken. How long a drug can be detected varies from person to person, and we don’t give medical guidance on it. If you have used drugs, the safest course is not to drive. Get advice if you have been charged.

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, completing it, together with getting help through a GP and drug counselling, was something our client had not done in his earlier matters. Whether it makes a difference depends on the facts of each case.

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

Boorman Lawyers appears at Corowa 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 Corowa drug driving lawyers?

As early as possible after you’re charged. The Traffic Offenders Program, letters and evidence of the steps you’ve taken all take time to organise before your court date. Early advice also helps you understand the disqualification range that applies to your record.

Sources and date checked

Sources and references for this page, checked 3 Nov 2026.

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