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Drug Driving in Car Park

Can I be convicted and lose my licence if I was stopped in my car in a shopping car park and had prescribed methadone in my analysis report? Thanks Mario

Hi Mario,

If you were over the drug driving limit and the carpark is open to the public then, as the car park is a "public place" withing the meaning of the Road Traffic Act 1961, you can be convicted.

If you are convicted, yYou should make a plea in mitigation because you are to be congratulated by taking yourself off heroin and the judge will take this into account.

You should hire a solicitor who is experienced in drink/drug driving cases because the prosecution of drug driving cases is not as clear cut as drug driving.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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