Sam Malone: Tradie father sentenced for driving under influence of drugs

A magistrate has banned a father from driving for six months due to his terrible record after he was stopped for a random roadside test. Find out what happened in court.

A father’s terrible driving record has caused a magistrate to keep him off the record for six months.

Sam Malone, 32, pleaded guilty to a charge of drug driving when he appeared in Sutherland Local Court on Tuesday.

Agreed facts tendered to court state that on April 14, Malone was driving along President Ave, Brighton Le Sands when he was stopped for a roadside breath test about 3.15pm.

He returned a negative result but tested positive for cannabis upon taking an oral fluid drug test.

Malone was taken to Kogarah Police Station, where he underwent a second test and returned a positive reading for cocaine, the court documents said.

Sam Malone pleaded guilty to a charge of drug driving when he appeared in Sutherland Local Court on Tuesday. Picture: Ashleigh Tullis

He was suspended from driving after telling officers, “I smoked last night”.

Laboratory analysis confirmed he had cocaine and cannabis in his system. The documents said Malone was convicted of low-range drink driving in August last year. The court heard Malone had a terrible driving record for a young man.

Malone’s lawyer Steven Mercael said Malone took drugs the night before he was pulled over, believing he would not need to work the following day or week. However, Malone had to attend work.

“He didn’t deliberately consume drugs and drive the next day,” Mr Mercael said.

The lawyer said his client required a licence for his employment because he lived in Albion Park and drove to work in Bankstown and then to other job sites.

Mr Mercael said Malone, who is currently suspended, was catching public transport and got lifts from colleagues, which meant he was less valuable to the company and had reduced work hours.

Mr Mercael said his client’s partner was pregnant, and Malone was the primary breadwinner and would continue to be when she got closer to giving birth and going on maternity leave.

Malone’s references said they were aware of his drink driving record, but the drug offence was “out of character”.

Mr Mercael asked Magistrate Brett Thomas to place his client on a lengthy bond and not suspend him from driving.

However, Magistrate Thomas convicted Malone, fined him $400 and disqualified him from driving for six months due to his record.

The court heard Malone was already serving a suspension, would be issued another three-month ban from the Roads and Maritime Service due to demerit point and now would have to serve a further six months off the road.