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 exceeding the speed limit and subsequently returned positive indications for cocaine and cannabis.

Police also alleged a reading of 0.049 for alcohol, resulting in an immediate suspension relating to the drink driving matter, while the drug driving offence proceeded to Court.

Drug driving offences can result in criminal findings, fines, and licence disqualification. For this client, the consequences were particularly serious. He was only 18 years old, had no criminal antecedents, limited traffic history, and was working while also enrolled in a TAFE course.

The client’s cannabis use was connected to an undiagnosed back condition, later suspected to involve autoimmune arthritis. His existing licence suspension had already made travelling to work and TAFE significantly more difficult. Any further disqualification or conviction would have created major obstacles at an important stage of his life.

Lamont Law solicitor Kristina Batkovska reviewed the charge papers, obtained detailed instructions from the client, and advised on the subjective material required to present the strongest possible case.

Appearing on the client’s behalf, Kristina Batkovska made submissions emphasising the client’s youth, employment, ongoing studies, medical circumstances, and the disproportionate hardship that a conviction or further disqualification would cause.

After considering the evidence and submissions, the Court dealt with the matter by way of a Conditional Release Order without conviction for 9 months with standard conditions.

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

Why this result matters: For young clients, avoiding a conviction and further licence loss can be critical to education, employment, and long-term opportunities. Careful preparation and strong advocacy can make a significant difference.

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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