Sam Burgess had been forced to change the pick-up spot for his children when he was pulled over by police and allegedly tested positive to cocaine.
The retired footballer and TV star also had no idea the registration for his black BMW X5 had been suspended after he failed to pay $1,200 in parking and traffic fines.
Burgess was pulled over at 1.30pm by police about 300 metres from the turn-off to Bowral, near his ex-wife Phoebe Hook’s mansion in the NSW Southern Highlands.
Police will allege Burgess, 32, returned a positive roadside drug test for cocaine, was driving an unregistered car and has never held a New South Wales drivers licence.
A source close to Burgess told Daily Mail Australia he had not planned to be near where he was pulled over until plans to pick up the children were changed.
Burgess is believed to have celebrated his older brother Luke’s 34th birthday at Coogee’s new beachside restaurant Marrah on Saturday night.
He celebrated with friends and family before enjoying a round of golf early on Sunday morning, teeing off just before 7am.
NRL star Sam Burgess has been arrested after allegedly failing a roadside drug test. He was on the way to pick up his children Poppy, four, and Billy, two
Police will allege Burgess returned a positive roadside drug test for cocaine, and that he has never held a New South Wales drivers licence
The children were originally to be dropped off at Burgess’s shared rental property 15 minutes outside Bowral on Monday morning.
When Burgess could not meet that arrangement due to other tenants using the premises a new plan was made for the children to be collected from Southern Highlands Botanic Gardens at 2pm.
It’s understood Burgess usually prefers to pick up and drop off his children Poppy, four, and Billy, two, in a private location rather than somewhere public like the Botanic Gardens.
The source told Daily Mail Australia Burgess’s registration had been suspended due to $1,200 in parking and traffic fines which he paid on the spot.
He did not have a NSW driver’s licence because he had been using his international permit, the source claimed.
The English-born footballer had only become a permanent Australian resident last year after previously having been on a working visa.
The results of the drug test, and a subsequent oral fluid test, have been sent away for further analysis.
Burgess, pictured with ex-wife Phoebe in happier times, was sentenced to a two-year community corrections order and a two-year apprehended violence order just three weeks ago in relation to a separate matter
Burgess is expected to appear in Moss Vale Local court on May 4, facing charges of ‘drive vehicle, resident more than three months – not obtain a licence’ and ‘use unregistered vehicle’, NSW Police said on Monday.
The charges come just three weeks after Burgess was found guilty of intimidating his father-in-law after a heated clash out the front of the Hooke family home in the aftermath of his messy break-up with Phoebe.
Burgess was sentenced to a two-year community corrections order and given a two-year apprehended violence order.
The two-year community correction requires him to be of good behaviour and accept anger management support.
During the court proceedings, Phoebe and her father Mitch Hooke admitted to cooperating with a journalist they knew who wrote stories accusing Burgess of drug use and domestic violence.
In happier times: Burgess’s ex-wife Phoebe and his father-in-law Mitchell Hooke are no longer on good terms with the former NRL star. The three are pictured together
The star said he was ‘confused by the decision’ and ‘would be appealing’ outside of court.
His lawyer Bryan Wench added: ‘He’s innocent, we will go all the way if necessary. He’s done nothing wrong.’
Burgess married Phoebe at her parents’ home in December 2015 and they have two children, four-year-old Poppy, and Billy, who turned two in December.
The couple separated in late 2018 before rekindling their relationship by April 2019. They split permanently on October 2 that year and have since divorced.
Sam Burgess married Phoebe Hooke at her family home just outside Bowral in the NSW Southern Highlands in December 2015. The couple had two children and split in late 2019
NRL star Sam Burgess was found guilty of intimidating his father-in-law during a heated clash in the aftermath of his messy break-up with wife Phoebe