Drink Driving

If you agree that you have committed the offence and the police are able to prove all the elements of the offence, it is best to plead guilty at an early opportunity to receive the maximum discount. Currently the maximum discount available for an early plea of guilty is 25% of the sentence.

Furthermore, the early guilty plea shows the Court that you have remorse and contrition for your actions.

Our Lawyers at National Criminal Lawyers work closely with you to ensure that we obtain all necessary paper work at increasing the chances of obtaining a non-conviction or section 10.

Drink driving penalties in NSW First Major offence* within 5 years

Drink driving penalties in NSW Second Major offence* within 5 years

THE FOLLOWING OFFENCES WILL NOW ALSO ALWAYS RESULT IN A MANDATORY INTERLOCK ORDER:

Major traffic offences include:

• Refuse or fail to supply sample of urine or blood (fatal accident);
• Refusing or failing to submit to the taking of the sample of blood in accordance with the directions of a medical practitioner, registered nurse or prescribed sample taker;
• Failing or refusing to provide oral fluid sample;
• Failing to stop and assist following impact causing death or injury;
• Refuse sample of blood or urine or wilfully introduce or alter amount of drug in blood or urine;
• Drive under influence of alcohol or drug;
• Refuse breath analysis or wilfully alter concentration;
• Prevent medical practitioner or nurse from taking blood;
• Menacing Driving;
• A conviction of murder or manslaughter arising out of the use of motor vehicle;
• Negligent Driving causing death or grievous bodily harm;
• Driving recklessly, furiously or in a manner or speed dangerous to the public;
• Predatory driving, Involvement in a police pursuit, and failing to stop after an impact causing grievous bodily harm; and/or
• A conviction for wounding, causing actual bodily harm or inflicting grievous bodily harm arising out of the use of a motor vehicle;

If you decide to plead not guilty you will need to prepare to go to a Defended Hearing.

A defended hearing is where all the witnesses of that case are called to give evidence. The witnesses are both examined by the prosecution and tested by your defence lawyers.

National Criminal Lawyers have defended thousands of people charged with Cultivate and are experts at these hearings.

Some of the possible defences available for those charged with Drink Driving  can include:

• If your actions were necessary to prevent a greater harm from occurring, you may have the defence of Necessity.
• The “honest and reasonable mistake of fact” defence. This defence states that you are not guilty of a drink driving offence if, at the time of driving, you:
• Honestly believed that you were under the limit; and
• In the opinion of the court, it was reasonable for you to hold that belief in all of the circumstances of your case.
• If you think that your reading may be as high as it was because your drink has been spiked, that is also a scenario in which this defence can be used; and/or
• Despite the fact that the reading produced by a breath analysis machine at the station is deemed accurate, there may be a way to challenge that reading with respect to what it was at the time of driving. Often it may be necessary to seek the assistance of experts such a pharmacologist’s expert to challenge the reading.

Noting the Guideline Judgment in NSW, a court can impose any of the following penalties for a Drink driving charge.

• Prison sentence
• Home Detention
• Intensive correction order (previously periodic detention)
• Suspended sentence
• Community service order (CSO)
• Good behaviour bond
• Fine
• Section 10
• Period of Interlock
• Period of Disqualification

However, from the 24 September 2018 new penalty’s will be replacing the above. They are as follows:

• Full time Imprisonment
• New ICO (ICO) with a home detention condition available
• New Community Correction Order (CCO)
• Fine
• New Conditional release Order (CRO)
• Period of Interlock
• Period of Disqualification

Our client was charged with Low Range PCA (Prescribed Concentration of Alcohol) after he had been observed doing a U- turn at a traffic light intersection. A breath analysis revealed a reading of 0.069. We asked the client to participate in the Traffic Offender Intervention Program, a course which aims to provide education on traffic rules. Our client’s traffic record was good , with only one speeding offence being recorded in his ten-year driving history.

We were also able to argue that he had a genuine need for a driver’s licence for work, and that he would lose income as a direct result of it being disqualified. The magistrate sentenced our client to a non-conviction under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) which meant our client was able to keep his driver’s licence.

Our client was pulled over by police and asked to perform a breath test wherein it was found a low reading of alcohol. He pleaded guilty to driving with a low range of PCA and cooperated fully with the police. We represented our client in his sentencing hearing where submissions were made regarding our client’s remorse and the fact that he had successfully undertaken a Traffic Offender Intervention Program. He was given a non-conviction order.

Our client was charged with driving a motor vehicle whilst over the middle range alcohol limit but not over the high limit. The client needed a licence to maintain employment as a truck driver.

He instructed National Criminal Lawyers on the appeal as the local Court convicted him of the offence and fined him.

On appeal, we made submissions on behalf of the client and submitted an affidavit. Our specialist lawyers also drafted lengthy submissions as to our clients mitigating factors for the court to take into account when determining the appropriate penalty. The Court quashed the decision of the local court and dismissed the charge (with a lengthy s10 bond) .