Our client appeared before the Court charged with driving with an illicit drug present in oral fluid, blood or urine after police alleged he was stopped for random roadside testing and returned a positive indication for cocaine.

Drug driving offences are treated seriously in New South Wales and can result in fines, licence consequences, and criminal findings. In this matter, the consequences extended well beyond the courtroom. Our client was 19 years old, employed full-time as a security guard working throughout the Newcastle and Hunter region, and relied on holding a valid security licence for his employment.

Under the Security Industry Act 1997 (NSW) and associated regulations, a finding of guilt for a drug driving offence can disqualify a person from holding a security licence for 5 years, while a conviction can result in a 10-year disqualification.

The client also had a poor traffic record and was already serving a demerit points suspension at the time of sentence, making the matter particularly challenging. He had, however, no criminal antecedents.

Lamont Law solicitor Kristina Batkovska carefully reviewed the relevant legislation, advised the client about the serious employment consequences of the charge, and prepared submissions emphasising that he would suffer substantial extra-curial punishment through the likely loss of his security licence.

Appearing on the client’s behalf, Kristina Batkovska sought leniency despite the client’s traffic history and highlighted the significant impact any conviction would have on his future employment and livelihood.

After considering the circumstances, the Court dealt with the matter by way of a Conditional Release Order without conviction for 12 months with standard conditions.

As a result, no conviction was recorded, and no licence disqualification was imposed.

Why this result matters: By avoiding a conviction, the impact on the client’s security licence was substantially reduced. This outcome protected his future employment prospects and demonstrated the importance of careful preparation, knowledge of industry-specific consequences, and strong advocacy.

This case result was dependent on its own facts and circumstances. Past results do not guarantee future outcomes.

Kristina Batkovska

Result achieved by

Kristina Batkovska

Solicitor · Lamont Law

Kristina completed the Legal Profession Admission Board’s Diploma in Law. She previously obtained her Bachelor of Laws (LLB) at Ss. Cyril and Methodius University, before moving to Australia and completing a Masters of Commerce at ACU.

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