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 a random breath test and returned a positive indication for cannabis.

Police did not allege any poor manner of driving or dangerous conduct. However, aggravating circumstances included that the client was driving on a learner licence and had two passengers in the vehicle at the time.

Drug driving offences are treated seriously in New South Wales and can result in fines, licence consequences, and criminal findings. For this client, the matter carried particular significance as he was only 17 years old, had not yet finished high school, and was at the beginning of his adult life.

The client had no criminal antecedents, limited traffic history, and one prior infringement for driving unsupervised.

Lamont Law solicitor Kristina Batkovska reviewed the charge papers, carefully conferenced with the client to obtain full instructions, and advised on the subjective material required to present the strongest possible case to the Court.

Appearing on the client’s behalf, Kristina Batkovska made submissions emphasising the client’s youth, limited prior history, future prospects, and the significant long-term consequences a conviction would carry.

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 disqualification was imposed.

Why this result matters: For young clients, avoiding a criminal conviction can be critical to education, employment, and future opportunities. Early legal advice and careful preparation can make a substantial difference to the final outcome.

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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