Drug driving lawyer in Wagga Wagga and the Riverina
In NSW it is an offence to drive with any amount of cannabis (THC), methylamphetamine, MDMA or cocaine in your system, even if you were not affected by it. Some first offences are dealt with by a penalty notice and a licence suspension. Others go to court. John explains which applies to you and what you can do about it.
Dr John Weir, Accredited Specialist in Criminal Law- What does the roadside test look for?
- THC, methylamphetamine, MDMA and cocaine.
- Do police have to prove I was affected?
- Not for a presence charge. Driving under the influence of a drug is a separate charge that does need proof of impairment.
- Why did my charge come in the mail?
- A positive roadside test is confirmed by a laboratory. The charge or penalty notice often follows weeks later.
- Can I challenge it?
- Sometimes, on the testing process, the timing or the identity of the driver.
Drug driving matters John defends
From a first presence offence to driving under the influence of a drug.
- Drive with an illicit drug present
- Drive under the influence of a drug
- Refuse or fail an oral fluid test
- Drug driving penalty notices
- Repeat drug driving
After a positive roadside drug test
- 1
Roadside test
A positive saliva test is followed by a second test, and a sample is sent to a laboratory.
- 2
Laboratory result
If the laboratory confirms the drug, police issue a penalty notice or a Court Attendance Notice.
- 3
Advice
John checks the paperwork, the timing and whether a court election makes sense.
- 4
Court
John argues for an outcome that keeps your disqualification as short as the law allows, or avoids a conviction where that is realistic.
What John does on a drug driving charge
- Explains the difference between presence and influence charges
- Advises whether to accept a penalty notice or take it to court
- Checks the testing and laboratory records
- Prepares references and evidence of your need to drive
- Argues for a section 10 outcome where it is realistic
Dr John Weir
Accredited Specialist in Criminal Law
Over 30 years in court, as prosecutor, Legal Aid solicitor, barrister and solicitor advocate.
Call JohnMedicinal cannabis
A prescription is not currently a defence to a THC presence charge. A law passed in September 2026 will create a limited exemption for some registered medicinal cannabis users with an unrestricted licence once it starts, but not for learner, provisional or special category drivers. Tell John about any prescription before you decide what to do.
Questions people ask
Related
Drink driving
Drink driving charges in NSW depend on your licence and your blood alcohol reading.
Drink drivingTraffic and licence appeals
Some licence suspensions can be appealed to the Local Court, but the time limits are short.
Traffic and licence appealsCriminal charges
If you have been charged with a criminal offence, John can advise you before your first court date and represent you from the first mention to the end of the case.
Criminal chargesTalk to John about your matter.
Call now, or leave your number and the court, and John will call you back. [Call back timing]
0429 452 225jw@johnweir.com.auPO Box 469, Wagga Wagga NSW 2650