Drug Driving Lawyer Cairns — Fixed Fee
$2,100 — Fixed Fee
Drug driving plea — Cairns Magistrates Court — $2,100 fixed. Covers : initial consultation, review of your charge and traffic history, advice on work licence eligibility, sentencing submissions, character reference guidance, court appearance, and post-sentence advice on disqualification. No hidden fees. One invoice. All fees +10% GST.
What Is Included
Initial consultation. Review of the charge, your traffic and criminal history, the circumstances of the positive test, and honest advice on where your matter sits. Charge assessment. There are two distinct drug driving offences in Queensland with very different consequences. Sacha will identify which applies and what it means for your licence and record. Work licence eligibility. If you are eligible, the work licence application runs at the same time as your plea. Missing that window means it cannot be pursued after sentence. Sentencing submissions. Written submissions addressing your personal circumstances, employment, driving history, and all relevant mitigating factors. Full court representation. Sacha will appear at your sentencing hearing and present your case. Post-sentence advice. Disqualification period, licence restoration, and any further steps. Zero Tolerance — No Safe Level Queensland's drug driving laws operate on a zero-tolerance basis. There is no permitted level. Any detectable presence of a relevant drug in your blood or saliva is enough to charge you — the police do not need to prove you were impaired, and it does not matter whether you felt affected at the time. Roadside saliva testing detects methylamphetamine (including ice and speed), MDMA, THC (the active ingredient in cannabis), and cocaine. If a police officer reasonably suspects your driving was affected by any drug, they can also require a blood specimen — and a blood test can detect any drug, not just those covered by the saliva test. One consequence that surprises many people: it is an offence to drive with THC in your system even if you hold a valid prescription for medicinal cannabis. Queensland law makes no distinction between prescribed and unprescribed THC. If THC is present in your blood or saliva, the offence is made out. The Two Offences — The Difference Matters Driving with a relevant drug present — s 79(2AA) TORUMThis is the more common charge. It is a strict liability offence — detection of the drug in your system is enough, regardless of impairment. First offence: maximum fine approximately $2,418 (14 penalty units) or up to 3 months' imprisonment. The court must disqualify you for between 1 and 9 months. Second offence (within 5 years): maximum approximately $3,454 (20 penalty units) or up to 6 months' imprisonment. Minimum disqualification 3 months. Third or subsequent offence (within 5 years): maximum approximately $4,836 (28 penalty units) or up to 9 months' imprisonment. Minimum disqualification 6 months. Where there are multiple offences committed at different times, disqualification periods run consecutively under s 90B TORUM — each period begins after the previous one ends. Where the offences arise from the same act or event, s 90C applies. Work licence applications are available for this charge category in appropriate circumstances. See below. Driving under the influence of a drug — s 79(1) TORUMThis is the more serious offence. It is charged where there is evidence of actual impairment — the way you were driving, your behaviour at the roadside, or a blood sample showing a significant drug level. Refusal to provide a saliva specimen also carries consequences equivalent to this charge. First offence: maximum approximately $4,836 (28 penalty units) or up to 9 months' imprisonment. Minimum disqualification 6 months. Your licence is suspended immediately from the time of charge. Second offence (within 5 years): maximum approximately $10,362 (60 penalty units) or up to 18 months' imprisonment. Minimum disqualification 1 year. Third or subsequent offence (within 5 years): maximum approximately $10,362 (60 penalty units) or up to 18 months' imprisonment — the court must impose actual imprisonment. Minimum disqualification 2 years.A work licence is not available for this charge. If you are charged with driving under the influence of a drug, the disqualification runs in full. What Changes the Outcome The charge category is fixed — it cannot be negotiated to a lower range. But the penalty within the available range is not fixed, and for first offences there is genuine discretion, including on whether a conviction is recorded. Which offence you are charged with. The distinction between relevant drug present and driving under the influence is critical. It determines work licence eligibility, the minimum disqualification, and the maximum penalties available to the court. Sacha will assess this at the first consultation. Your traffic and criminal history. A clean record positions you at the lower end of the sentencing range. A prior drug or drink driving conviction within 5 years significantly increases the penalty exposure and activates higher mandatory minimums. Whether a conviction should be recorded. For first-time offenders charged with the relevant drug present offence, the court retains discretion to deal with the matter without recording a conviction in appropriate circumstances. This is worth pursuing where the evidence supports it. Your employment and licence dependency. If your livelihood depends on a licence — trades, deliveries, rural and remote work, health care — that is relevant to both the sentencing range and to the work licence application. Sacha builds the case around your specific circumstances. The circumstances of the positive test. The drug type, the likely timing of use, your account of events, and any other circumstances surrounding the test are all relevant context. Sacha will assess whether there are any issues with the testing procedure or the prosecution's evidence. Work Licence — Only for the Less Serious ChargeA work licence under s 87 TORUM allows you to drive for work purposes during your disqualification period. It can only be applied for at the time of sentence — there is no ability to apply after sentence has been imposed. To be eligible:You must have been charged with driving with a relevant drug present (s 79(2AA)) — a work licence is not available for driving under the influence;You must hold a current Queensland open licence at the time of the offence —¢ You must not have been convicted of a drink or drug driving offence in the preceding 5 years;You must not have had a licence suspension, cancellation, or disqualification in the preceding 5 years —¢ You must not have been driving in the course of your employment at the time of the offence;You must be able to demonstrate that refusal of the application would cause extreme hardship to you or your family by depriving you of the means of earning a living. The application requires evidence — from your employer, establishing that you need to drive for work and that you will lose your job or income without a licence. Sacha will advise on what evidence is required and prepare the application alongside your plea. If you are eligible, let Sacha know at first contact. The work licence application must be flagged to the Magistrate early in the proceedings so the matter can be listed appropriately.
FREQUENTLY ASKED QUESTIONS
Do I need to be impaired to be charged? No. For the relevant drug present offence under s 79(2AA), the prosecution only needs to establish that a drug was in your system. There is no requirement to prove your driving was affected. The test is purely whether the drug was detectable. I have a prescription for medicinal cannabis — can I still be charged Yes. Queensland makes no exception for prescribed THC. If THC is present in your blood or saliva, the offence is made out regardless of whether the cannabis was legally prescribed. There is no prescribed-use defence available in Queensland. Can I keep driving while the matter is before the court? For the relevant drug present charge with no other pending drug driving charges, your licence generally remains valid until the matter is finalised. If you have a pending drug driving charge already on foot, your licence is suspended immediately. For driving under the influence, your licence is suspended from the time of charge. If you are unsure about your status, call before you drive. Can a work licence be applied for after I am sentenced? No. A work licence application must be made at the time of sentence. Once the Magistrate imposes the disqualification and you leave the courtroom, that opportunity is gone. If a work licence is relevant to your circumstances, it needs to be raised with Sacha at the first consultation. Will a drug driving conviction affect my criminal record? A conviction under s 79 TORUM will appear on your criminal history as a traffic offence. For first-time offenders with strong mitigating circumstances, the court retains discretion not to record a conviction. Sacha will advise honestly on whether that outcome is realistic for your charge.