NEW SOUTH WALES

Mullumbimby DUI Lawyers

In shortBoorman Lawyers are experienced, dedicated drink driving, drug driving and DUI lawyers who regularly appear at Mullumbimby Local Court and represent clients facing alcohol, drug and serious traffic charges at this courthouse. Mullumbimby Local Court in Dalley Street sits only on the first and second Wednesday after the first Monday of each month, and its phone line runs through Ballina. We assist clients at Mullumbimby Local Court by appearing at court mentions, guilty pleas and sentencing hearings, preparing comprehensive sentencing submissions and character reference material, advising on licence disqualification periods and mandatory alcohol interlock rules under New South Wales law, and preparing Section 10 non-conviction applications.

  • Court: Mullumbimby Local Court, Dalley Street, Mullumbimby NSW 2482. Phone c/- Ballina (02) 6681 2200 or 1300 679 272. Sits on the first and second Wednesday after the first Monday of each month.
  • Drug presence: under s 111, the offence is THC, methylamphetamine, MDMA or cocaine being present. Impairment does not have to be proved.
  • Law: NSW Road Transport Act 2013. Section 10 is not available if you had one for a similar offence in the past 5 years.

New South Wales law · law checked 20 Oct 2026

General image of a sandstone State Courts building entrance – not Mullumbimby Local Court – with the Boorman Lawyers logo and phone number 1300 941 900

General image – not this courthouse.

What's on this page

How does a THC driving charge play out? A worked example

Hypothetical example for explanation only. It is not a real person or case.

The stop. Jordan, 29, a landscaper living near Main Arm, is stopped for a random drug test on the road into Mullumbimby on a weekday morning. Jordan had smoked cannabis the evening before and feels completely normal. The roadside oral fluid test indicates THC. A second sample is taken and sent to a laboratory.

The wait. Jordan is allowed to leave. Weeks later, the laboratory confirms THC, and police serve a court attendance notice for driving with a prescribed illicit drug present (Road Transport Act 2013 s 111(1)). Depending on the circumstances, police may instead issue a penalty notice for some first offences, which carries a 3-month licence suspension (s 224).

The key legal point. Jordan says, "But I wasn't affected." Under s 111, that is not a defence. The offence is having the drug present in your oral fluid, blood or urine while driving, whether or not it affected you. Impairment matters only if police charge DUI under s 112, which is a different offence with higher penalties.

What about a prescription? Section 111 has a medicinal-purposes defence only for morphine taken as prescribed or according to the instructions on a pharmacy codeine product (s 111(5)–(6)). As at 20 October 2026, it has no equivalent defence for THC, including prescribed medicinal cannabis. A prescription may still be relevant to the penalty.

Reform has passed but is not yet in force. The NSW medical cannabis and driving offences amending Act received assent on 23 September 2026 and starts on a date still to be proclaimed (not proclaimed as at 21 October 2026). Until then the current s 111 rules apply.

What does Jordan face?

Item First offence (s 111)
Maximum fine 20 penalty units ($2,200)
Prison Not available
Licence on conviction Disqualified for 6 months automatically. The court can reduce this to no less than 3 months
Second offence within 5 years Up to 30 penalty units ($3,300) and longer disqualification. A past penalty notice counts (s 9(2A))
Without conviction Section 10 dismissal or conditional release order. No automatic disqualification

Section 10 of the Crimes (Sentencing Procedure) Act 1999 lets the court deal with the matter without conviction. It considers character, record, age, health, how serious the offence was and any extenuating circumstances. A section 10 is not available if Jordan received one for a similar offence in the past 5 years (RTA s 203). See our no conviction guide and our NSW drug driving guide.

How does Jordan prepare?

  1. Gets advice before the first date. Is the charge s 111 or s 112? Does the laboratory certificate match the notice?
  2. Completes a Traffic Offenders Program, after checking the court accepts it.
  3. Addresses the cannabis use, for example with a GP or counsellor letter. If Jordan holds a medicinal cannabis prescription, Jordan brings the prescription and a letter from the prescriber.
  4. Gets an employer letter. Landscaping means a ute, a trailer and job sites from Brunswick Heads to Ocean Shores. The letter should spell that out.
  5. Writes a short letter to the court that accepts responsibility, without "I felt fine" excuses.
  6. Plans for the sitting day. Mullumbimby sits on only two Wednesdays a month, so an adjournment can mean a long wait.

How would different facts change the result?

If… Then
Police alleged Jordan was affected and charged DUI (s 112) Up to $3,300 and/or 18 months' prison for a first offence, with a longer disqualification
Jordan also recorded a mid range alcohol reading A possible combined charge under s 111A: up to $3,300 and/or 18 months' prison, and a mandatory interlock order (s 209)
Jordan was on P-plates The same s 111 offence, but losing the licence may also affect Jordan's licence progression
It was Jordan's second drug driving offence in 5 years Higher maximums and longer disqualification. A section 10 is not available if Jordan had one in that time

For alcohol charges, see our NSW drink driving offences guide and our penalties guide. Mid range and above means a mandatory interlock order, explained in our interlock guide. Transport for NSW has an official penalties summary.

Can you keep driving before court?

For a s 111 court attendance notice with no suspension notice, usually yes, until the court deals with the charge. Where police issued an immediate suspension notice, as they can for DUI, mid range and high range, and with some penalty notices, you cannot drive. An appeal succeeds only on exceptional circumstances (s 268). See our licence suspension appeal guide.

What should you know about the Mullumbimby sitting days?

Mullumbimby sits on two Wednesdays a month, and the registry and phone line, run through Ballina, operate only limited hours. That affects planning:

  • Do not count on calling on the day. Raise questions with the registry or your lawyer well before the sitting.
  • Bring everything. If a document is missing, the next sitting may be weeks away.
  • Arrange transport. If you are disqualified, the disqualification starts on the day of conviction unless the court orders a later start (RTA s 207A). Bring someone who can drive you home.
  • Plan for waiting. Several matters can be listed on each sitting day, so allow the whole morning or longer.

Charges here can come from the roads between Mullumbimby, Brunswick Heads, Ocean Shores and the hinterland valleys, and from the motorway. The law is the same as anywhere in NSW.

Which courts are near Mullumbimby?

The nearest courts on this site are Byron Bay (about 15 km), Murwillumbah (about 27 km), Ballina (about 35 km) and Lismore (about 36 km). Attend the court named on your notice. Statewide information is on NSW traffic law.

Mullumbimby drug and drink driving FAQs

When does Mullumbimby Local Court sit, and how do I contact it?

On the first and second Wednesday after the first Monday of each month, in Dalley Street. The phone line runs through Ballina: (02) 6681 2200 or 1300 679 272, from 9.30am to 1.00pm and 2.00pm to 3.30pm. Mail goes to PO Box 37, Mullumbimby NSW 2482.

I have a medicinal cannabis prescription. Is that a defence?

Not under s 111 as it currently reads. The medicinal-purposes defence in s 111 applies only to morphine. A prescription may still be relevant to the penalty. Get advice on your situation.

How long does THC stay detectable?

It varies, and there is no safe rule of thumb. The offence is presence, so the only safe approach is not to drive after using cannabis.

Will I lose my licence?

On conviction, yes: 6 months automatically, which the court can reduce to 3. A section 10 outcome means no automatic disqualification.

Is there a work licence in NSW?

No. NSW has no work licence or hardship licence for drink or drug driving.

Can police test me for drugs without suspecting anything?

Yes. NSW police can carry out random roadside drug testing much like random breath testing, without suspecting you of anything. If the roadside test is positive, further samples are taken for confirmation.

Sources and date checked

Sources and references for this page, checked 20 Oct 2026.

This page is general information about New South Wales law only. It is not legal advice. Every matter turns on its own facts.

Mullumbimby Local Court — court details

Mullumbimby Local Court

Street
Dalley Street, Mullumbimby NSW 2482
Postal
PO Box 37, Mullumbimby NSW 2482
Phone
(02) 6681 2200 or 1300 679 272
Registry hours
Registry and telephone 9.30am – 1.00pm and 2.00pm – 3.30pm
Days open
First and second Wednesday after the first Monday of each month
➜ Get directions

Local Court of NSW, Court locations – M (localcourt.nsw.gov.au), saved 19 Oct 2026. Telephone and fax listed ‘C/- Ballina’: (02) 6681 2200, fax (02) 6681 2219. These are the court registry's details, not Boorman Lawyers office details. Check your court papers for your listing time and courtroom.

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Enquire about legal representation

Call 1300 941 900 or make an enquiry about legal representation.

What to have ready

  • Court & next listing date: Which court is on your paperwork and when your matter is listed.
  • Charge or reading (if known): Tell us the charge or reading if you have it — you do not need your full police facts yet.
  • Work & driving needs: Let us know if you rely on your licence for work or family responsibilities.
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