Drink Driving Legal Representation and Drink Driving Penalties
- Nov 20, 2014
- 2 min read
Each day Local Courts across Australia are clogged down dealing with drink driving cases. Case after case involves alcohol related crime but most commonly, drink-driving.
While the news is littered with stories of high range drink driving, the reality of the matter is that a large number of drink driving offences are committed by every day people who never had imagined that they would end up in a court house in their lifetime.
A lot of those situations arise when a person miscalculates the drinks they have before they get behind the wheel or they drive the morning after a big night, ala Willie Mason.
For those who wouldn’t usually come before the criminal justice system, the court process can seem complicated, scary, and confusing.
So what happens when you make such a mistake? What are the penalties that you will face for drink driving?
The Court can convict you, fine you, order to you participate in community service, disqualify you from driving or send you to jail. Yes that is right, you can go to jail.
If you are disqualified there are automatic suspension periods (see below)
The Court also has the power to not convict you or to order you to participate in certain programs to help your driving habits. If you are not convicted you WILL KEEP YOUR DRIVERS LICENCE.
This is why you need solid and expert legal advice and representation even if you intend to plead guilty to drink driving. It is important because Magistrates still have a large degree of discretion. Partner John Vizzone explains:
By engaging a good drink driving lawyer, you not only show the court that you are serious about the matter but your lawyer will appear before the same Magistrate on a regular basis and will know what legal strategies are available to you to minimise the damage of a drink driving charge.
When you engage one of our criminal law lawyers we will ask you a series of questions to assist us prepare your case and to tailor the best strategy for your individual case.
If you wish to speak to one of our criminal law drink driving lawyers, please do not hesitate to contact our Mascot office on 02 9667 1271 or our Sydney office on 9264 7244. You can also email law@vrtlawyers.com.au
Our criminal law team is led by Special Counsel Scott Richardson and Partner John Vizzone
Our experts appear at all Local and District Courts including but not limited to Waverley Court, Downing Centre Local Court, Sutherland Local Court, Kogarah Local Court, Newtown Local Court, Bankstown Local Court, North Sydney Local Court and all courts across Sydney and New South Wales.
Disqualification Periods for 1st Offence:
Novice Range- PCA of 0.01-0.019: Automatic Disqualification of 6 months, Minimum Disqualification of 3 months.
Special Range- PCA of 0.02-0.049: Automatic Disqualification of 6 months, Minimum Disqualification of 3 months
Low Range- PCA of 0.05- 0.079: Automatic Disqualification of 6 months, Minimum Disqualification of 3 months
Mid Range- PCA of 0.08-0.149: Automatic Disqualification of 12 months, Minimum Disqualification of 6 months
High Range- PCA of over 0.150: Automatic Disqualification of 3 years; Minimum Disqualification of 12 months
*Remember the Court always has the power to not convict you in accordance with Section 10 of the Crimes (Sentencing and Procedure Act) which means that you can escape a disqualification all together.
Drink Driving Court Representation
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