Nicolle Smith: Pakenham seven time drug-driving mum avoids jail
“Done a 180”: A high-on-ice hairdresser with a shocking rap sheet has told a court she’s quit using and “turned her life around”.
South East
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A 28-year-old Pakenham mother has been caught driving while high on drugs for the seventh time, a court has heard.
Nicolle Smith, who has a six-month-old baby, also has five driving while disqualified offences on her “shocking” rap sheet.
In a strange legal quirk she couldn’t have been jailed for any amount of drug-driving crimes, although she could have been imprisoned for her disqualified offending.
Smith pleaded guilty to three charges at the Dandenong Magistrates’ Court on Tuesday.
The court heard at 11pm on June 20 this year she was seen by police doing 97km/h along Princes Highway in Pakenham.
Not only was she going 17km/h over the speed limit, she didn’t have a licence as she had been disqualified for not completing a drug education program.
And she again proved positive for ice.
She told officers she had taken drugs “the other night”, didn’t realise she was speeding and “didn’t know” about the ban.
Her car was impounded for 30 days.
Smith, an unemployed hairdresser, represented herself in court saying she “understands things look really bad with my history”.
She said she was now clean and could provide negative tests to prove it.
“I’ve done a 180 since,” Smith said.
“I’m completely sober now, I’ve turned my life around.
“I want to be the best mum I can be for my daughter.”
Magistrate Gregory McNamara told her that her record was “shocking”.
“You are only 28 and you have got that many priors,” Mr McNamara said.
“And on this occasion you were speeding, disqualified and again had drugs in your system.
“It is extremely concerning that you have done it so many times.”
Mr McNamara said her repeated drug-drive fails meant prison should have been an option, but it was “an odd thing” that it didn’t apply.
“It surprises me that a jail sentence is not available for drug-driving,” he said.
“It ought to be, it should be.
“It is a mistake, it is wrong in legislation.”
But he said it seemed she had changed her attitude towards drug use.
“I certainly hope it has, with you having a six-month-old baby,” he said.
Smith was convicted, fined $1000 and disqualified from driving again, this time for another 12 months.
