I had a client who was one of the first drivers charged with drive whilst present in his blood a prohibited drug (“drug driving”) in New South Wales. After discussing the matter with the client, it became apparent that he was suffering from depression and that it might have been more appropriate to make an application to have the matter dealt with in accordance with mental health legislation rather than in accordance with the law.
The application was successful; the matter was dismissed, with an order that the client continue his treatment with his psychologist. This was the first “drug driving” matter to be dealt with in that way.