The NSW Bureau of Crime Statistics and Research statistics, showed statewide over one quarter (27%) of drivers convicted of drug driving walked free after being given a Section 10 or convicted without penalty.

Offenders can be let off under Section 10 of the Crimes (Sentencing Procedure) Act 1999 and have their conviction dismissed or discharged without penalty.

The number of Section 10s handed out for drug driving more than doubled from 2007 to 2010 from 13 per cent to 30 per cent.

Penalties for motorists caught with the presence of active THC (cannabis), methylamphetamine (speed/ice), or MDMA (ecstasy) in their system include a $1,100 fine and a minimum three month disqualification for a first time offence. Heavier penalties apply for a second offence.

Western Sydney NRMA director David Bentham said residents in Sydney’s west expected people caught drug driving to be punished.

“Police are doing their job catching drug drivers and there are penalties in place to punish those who break the law, so the community has the right to ask why so many are getting off penalty free,” Mr Bentham said.

“Drug driving is illegal, dangerous and can kill.

“It’s clear that the community is being let down by a system that sees too many people get off.

“We have the penalties in place - let’s use them.”

Should these drivers walk away scott free?

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