Natalie recently acted for the Defendant, an occupational driver, who was charged with one count of “Driving motor vehicle with any concentration of specified illicit drug”, contrary to s.39K of the Road Traffic Ordinance (Cap. 374).

The Prosecution’s case was that on 16 December 2025, police officers intercepted a school private light bus at the Kwun Tong Bypass after observing it wavering between lanes and travelling at an unusually slow speed. Upon interception, the Defendant’s responses were found to be very slow, leading to a suspicion that his ability to drive was impaired by drugs.

A Rapid Oral Fluid Test was conducted at the scene, which returned a positive result for “Cannabis”, a specified illicit drug under Schedule 1A of the Ordinance. Under caution, the Defendant admitted to smoking cannabis at his home the night before. It was further revealed that on the day of the incident, the Defendant had already performed three round trips, transporting a total of 23 students, aged 3 to 11, to their school in Kowloon Tong. Subsequently, the Government Chemist’s Certificate confirmed the presence of Delta-9-tetrahydrocannabinol in the Defendant’s blood.

The Defendant pleaded guilty to the charge. The Court adopted a 6-week imprisonment starting point. After applying a one-third discount for the guilty plea and a further 1-week discount for mitigation, the learned Magistrate imposed a final sentence of 3 weeks.

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林儆恩大律師近日代表一名身為職業校巴司機的被告人。該被告人被控一項「在體內含有任何濃度的指明毒品時駕駛汽車」罪，違反《道路交通條例》（第 374 章）第 39K 條。

控方案情指於 2025 年 12 月 16 日，警務人員發現一輛私家小型校巴在觀塘繞道上搖擺不定且以異常緩慢的速度行駛，遂將其截查。截獲時，被告人反應非常遲緩，令人懷疑其駕駛能力受到毒品影響。

警方在現場進行了快速口腔液測試，結果對該條例附表 1A 下的指明毒品「大麻」呈陽性反應。在警誡下，被告人承認前一晚曾在其住所吸食大麻。案情進一步透露，在事發當日，被告人已完成了三趟來回行程，接載合共 23 名年齡介乎 3 至 11 歲的學生前往位於九龍塘的學校。隨後，政府化驗師的證明書證實被告人的血液中含有 Delta-9-四氫大麻酚。

被告人承認控罪。法庭以監禁 6 星期為量刑起點。在應用認罪的三分之一刑期扣減，以及因求情因素進一步扣減 1 星期後，裁判官最終判處監禁 3 星期。

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