Case facts

Our client was involved in a single vehicle accident on the M5 motorway. He was not injured but called the police to report it, and officers attended the scene. During the course of questioning by police, our client admitted that he had consumed some cocaine earlier that evening.

Our client was arrested and taken to hospital, where he was required to give a blood and urine sample to detect the presence of any drugs. That analysis came back positive for a number of illicit substances, including cocaine, and our client was charged with Driving Under the Influence of Drugs.

On our advice, the client defended the charge.


Case result

The defence of the charge involved a two-day hearing in the Burwood Local Court. We objected to the admissibility of evidence tendered by the prosecution, including the admission made by our client and the certificate provided by the analyst. We also put to the court that the police had abused their powers and made an unlawful arrest.

A lengthy legal argument proceeded. After hearing all submissions, the judge reached a view that due to improprieties by the police, the case could not be proved beyond a reasonable doubt. The charge against our client was dismissed.

Our client didn’t even have to give evidence in the proceedings. The matter was dismissed because the prosecution had no case to begin with, in circumstances where the evidence of analysis was excluded. Our client therefore avoided an automatic 12-month licence disqualification and a significant insurance debt.


A successful defence

Despite our client having admitted to having consumed cocaine before driving his vehicle, the circumstances of his alleged offending and arrest meant that he was able to defend the claim against him without any penalties or licence disqualification.

It is imperative that, as soon as you are changed with any criminal offence, you obtain legal advice immediately.



Nyman Gibson Miralis provides expert advice and representation in all areas of drink driving and traffic law and for all drug-related offences.

Contact us if you require assistance.