Our client, Mr K, was charged with the offence of driving with an illicit substance present in his blood (second or subsequent offence) after returning a positive roadside drug test for THC.
Mr K had previously been involved in a serious motor vehicle accident in 2022, resulting in significant injuries. As part of his ongoing treatment, he had been prescribed medicinal cannabis by his treating doctor to assist with sleep and chronic pain management.
Mr K also had a substantial traffic history, including two relatively recent offences for driving under the influence of alcohol. However, he had a compelling need to retain his driver’s licence. He was the primary carer of three children and lived in a rural area where public transport and alternative travel options were extremely limited.

Jones Hardy Law provided clear and practical advice to Mr K about the nature of the offence. We explained that despite being lawfully prescribed medicinal cannabis and using it in accordance with medical advice, the relevant offence relates to the presence of the substance in blood — not whether the driver was impaired.
We took detailed instructions regarding Mr K’s personal circumstances, family responsibilities and the context of his previous traffic offences. We prepared a comprehensive affidavit addressing his need for a licence and the steps he had taken towards rehabilitation, including completing a Traffic Offender Program.
Our team also obtained supporting medical evidence regarding his injuries and treatment, together with a character reference from his partner outlining his role as a parent and the impact a licence disqualification would have on the family.

Jones Hardy Law made thorough and carefully structured submissions to the Court seeking leniency and urging the Magistrate to exercise discretion by not recording a conviction. We sought the imposition of a Conditional Release Order without conviction pursuant to section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW).
After considering the detailed evidence and submissions presented on Mr K’s behalf, the Magistrate agreed to impose a Conditional Release Order without conviction.
As a result, Mr K was able to retain his driver’s licence and avoid the mandatory minimum disqualification period of 12 months that ordinarily applies to a second or subsequent offence of driving with an illicit substance present in blood.

This matter reflects Jones Hardy Law’s ability to deliver practical, outcome-focused advocacy in complex traffic matters, particularly where offences intersect with medical treatment and strict liability regimes. Despite a challenging history and the constraints of the legislation, we were able to present a compelling, evidence-based case in mitigation, balancing the Court’s need for deterrence with the client’s genuine medical needs, rehabilitation, and family responsibilities. The result—avoiding conviction and licence disqualification—demonstrates the importance of thorough preparation, strategic submissions, and a clear articulation of exceptional circumstances to achieve the best possible outcome for the client.