A Wellington man charged with his third drug driving offence in less than two years when he was stopped in Mudgee, has been convicted and disqualified for six months.
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Bryce Adam Cunynghame of Swift Street, Wellington, pleaded guilty to the charge of 'Drive vehicle illicit drug present in blood etc - 2nd + off'**', when he appeared in Mudgee Local Court on Wednesday.
The 30-year-old was stopped for random breath and drug testing at about 12.55am on Thursday, October 4, 2019, in Church Street, Mudgee.
A roadside oral fluid test was positive to methamphetamine and he was taken to Mudgee Police Station where a second sample was taken, which after laboratory analysis confirmed the presence of that drug as well as cannabis.
He told officers, "I didn't think it would still be in my system, in Dubbo a couple of weeks ago I had a couple of dots of ice".
Cunynghame had been charged with 'Drive vehicle illicit drug present in blood etc' in Dubbo in June 2018 and January 2019.
Magistrate David Day asked the defendant, "do you think there's some connection between the 'random' drug test and your form?"
And added - upon noting that his criminal record contains convictions for supply charges - that "drugs have certainly gotten you into trouble over the years".
His honour also addressed the defendant's disbelief that the drug could still detected, as mentioned in the police facts submitted to court for sentence.
He said that because of the length of time some drugs are indeed detectable - up to weeks after consumption - there is effectively a choice between "taking drugs or driving". Cunynghame, who represented himself in court, said "I won't be driving".
** Under the Road Transport Act, if a person is convicted of an offence it is a 'second or subsequent offence (2nd + off)' if they were convicted of another offence (the previous offence) against the same provision within five years.
