I have a driving with prescribed drug in my system case coming up on Friday I was wondering if you have an advise pls I

Expert's Assistant chat
Customer: Hi I have a driving with prescribed drug in my system case coming up on Friday I was wondering if you have an advise pls I was not booked with breaking any roads rules just driving with a drug in my system. After the test i was also dropped back at my vehicle and drove off. This is how ever my third offence with drugs in my oral fluid but at no time have I been booked with breaking any road rules on these occasions. Because iv been done once I’m now on their system to be stopped and tested which I am all the time and to also have my car searched on a regular basis. their searches are unwarranted. Do you have any advise for me pls
JA: What state are you in? It matters because laws vary by location.
Customer: wa
JA: What steps have you taken so far?
Customer: pic had it adjourned
JA: Anything else you want the Lawyer to know before I connect you?
Customer: it’s my third time since bringing this law in
Answered by John Melis in 31 mins 2 years ago
imglogo
John Melis
10+ years of experience
logo

75916 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
John Melis
10+ years of experience
logo

75916 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Concerning your important comments, what is the outcome you would like to see result.

Customer
The charges dropped really I think it was against my rights that they even pulled me over as I hadn’t broken any road rules
img

John Melis, Expert

There are two options you can consider, one is applying for an extraordinary license and the other is a good behaviour license.

Both these options are detailed below with the links which you can consider with the application forms accordingly.

Extraordinary licence applications for a court imposed disqualification are lodged directly with the Courts. An application for an order for an extraordinary licence cannot be made while subject to:

  • An immediate disqualification notice for an alcohol offence.
  • A disqualification period related to service of a demerit point notice.
  • A licence suspension order imposed by the Department of Justice’s Fines Enforcement Registry.
  • A disqualification period imposed by a Court in another state or territory.
  • The CEO refusing to grant, cancelling or suspending your driver’s licence, unless you are subject to another eligible disqualification.

Waiting periods

There are minimum wait periods before any extraordinary licence application can be made (or heard) by a Court and this is determined by the number and nature of the offence(s).

For further information visit the Magistrates Court of Western Australia website for more information.

https://www.transport.wa.gov.au/licensing/get-an-extraordinary-licence.asp

Good behaviour period election (online)

This form allows you to elect to take the double or nothing option and drive on the good behaviour period.

This online form should only be used if you have been personally served an Excessive Demerit Points Notice (EDPN) in Western Australia, and you wish to elect a 12 month 'good behaviour period' (conditional) and continue driving in lieu of serving a disqualification period.

To be eligible to make this election you must:

  • Have been personally served this notice at a Driver and Vehicle Services Centre or Agency site, Australian Post (Secure Collect) or a Baycorp service delivery agent;
  • Hold a current valid Western Australian driver's licence;
  • Not hold a provisional driver's licence;
  • Ensure your election is received by Transport within 21 days after being served your EDPN, and
  • Supply all the information requested in the form below marked with an

If after service of the EDPN and making this election you become subject to any other period of disqualification (including licence suspension orders) the start date of your GBP may be affected.

Please note:

  • Elections can only be made by the person who has been served the EDPN i.e the person whose name appears on the EDPN
  • If you're currently disqualified from holding or obtaining a licence due to licence suspension orders invoked by Fines Enforcement Registry, an immediate disqualification notice or a disqualification imposed by a court you may not be eligible to elect the good behaviour period
  • Any good behaviour period election received later than 21 days after the EDPN has been served will not be accepted and the disqualification period will commence 28 days after service of the EDPN
  • The good behaviour period will commence 28 days after service of the EDPN and will operate for a period of 12 months.
  • Written notification is issued if your application for election of a 'good behaviour period' is approved or declined.

Contact (08) 6551 7070 for verification your application has been approved or declined if notification has not been received.

https://www.transport.wa.gov.au/licensing/good-behaviour-period-election-online.asp

Other links you will find useful

https://www.transport.wa.gov.au/licensing/driver-rules-penalties-infringements.asp

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
I thought it was against my rights to be stopped unless I was suspected of committing a crime so shouldn’t it be invalid
Customer
Is t it my common law right to go unmolested and uninhibited on my travels
img

John Melis, Expert

Do you have a legal right under the Constitution subject to the governments Enforcement powers under the buyer security law

Customer
Which means please ?.
img

John Melis, Expert

You asked a question whether you can get around uninhibited. The answer is yes

Customer
Being stopped for a random breath test is inconsistent with the commonwealth and common law and makes them invalid ?
Customer
Being stopped for a random breTh test does not constitute a crime
Customer
Is this true pls
img

John Melis, Expert

Under the laws, you can be stopped randomly for a breath test. That is the traffic law situation this is right around Australia

Customer
What about common law though and the constitution doesn’t that out weigh pls
img

John Melis, Expert

The Constitution gives power to the government to make rules and regulations to ensure the best interest of the community. As a result of that state has the power from the federal state in order to create necessary Road walls that can be in forced for the interest of all parties.

The Constitution can be complex with interpretation but in answering your question where the law is made by the state or the federal state it is in forcible against the people of the country.

Customer
But our government havnt had it passed by the right channels is it the Governor General representing the queen ?
Customer
Don’t they had to have laws passed by him pls ?
img

John Melis, Expert

All laws that are applicable to all citizens I stated on the following website http://www.austlii.edu.au/

Your specific matter comes under these laws. The Constitution allows the government to make laws in respect to the governance of all people in Australia. Unfortunately we have to comply with all these laws. If you want to contest these laws, you'll need to raise a claim in the Fedral court against the Pacific legislation you want to dispute and the relevant provision.

Customer
Oh shit that’s never going to happen. I can’t fight this charge at all then can I ? And thank you for being so patient with my questions I appreciate it
img

John Melis, Expert

You are welcome, and thank you for supporting the community.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer