Raymond Allan Percival, 37 of O’Brien Street in Grenfell did not appear before Magistrate Michael O’Brien when he matter was called at Young Local Court.

Magistrate O’Brien proceeded with the matter in Percival’s absence and recorded a conviction and sentence ex parte.

An ex parte decision is one decided by a magistrate without requiring all of the parties to the charges to be present.

Magistrate O’Brien, after convicting Percival, fined him $800 and disqualified him from driving for six months.

The court was told, in papers tendered to the bench, It was Percival’s second or more offence facing the charge.

According to the police facts submitted to the court by the prosecution, at about 1.50pm on Friday January 12 a Ford Falcon Station Wagon driven by Percival was stopped by Police on Currawong Street in Young for the purpose of a Random Breath and Drug Test. 

When tested Percival’s breath test result was negative.

Police then subjected Percival to an oral fluid test which returned a positive detection for cannabis and methamphetamines.

Percival was arrested for the purpose of a secondary test and taken to Young Police Station where he was questioned and re-tested.

A second positive result at Young Police Station for cannabis and methamphetamines was returned with the remainder of the sample sent off to Sydney for further testing.

The court heard that the subsequent test sample sent to Sydney also returned a positive result to the two prohibited drugs.

In relation to the taking of drugs during police questioning when he was stopped on January 12 this year Percival said, ‘I used some the other day’.

For a first offence of drive vehicle with illicit drug present in blood, the maximum penalty is a fine of $1100 for a first offence.

For a second or subsequent offence, the maximum penalty is a $2200 fine.