How Do Lawyers Help Their Clients in Drink Driving Cases

Driving-related crimes can have serious legal consequences in Australia, including heavy fines, license suspensions, and even imprisonment. Whether driving, careless driving, or unlicensed driving, being an experienced lawyer can improve your opportunities to achieve favorable results.

If you are facing claims, Drink driving lawyers to guide you through a legal process, protect your rights, and work to reduce or avoid punishment.

This article explains how drink-and-driving lawyers help their customers with drive-related issues and why their expertise is important to achieve the best possible result.

Understand running crimes in Australia

Australia has strict laws when it comes to driving crimes. Some of the most common claims include:

Drinking (DUI and PCA crime) – Running with an alcohol concentration of blood (BAC) above the legal limit.

Drug driving – illegal or driving under the influence of prescription medications.

Careless or dangerous driving – risk others through careless or aggressive driving.

Quick offense – above the speed limit, resulting in the inability to license.

Running unlicensed – operating vehicles without a valid driver’s license.

Driving while suspended or disqualified – continue running after losing the license.

Each of these crimes has different punishments, and it is essential to keep an experienced drinking lawyer in Sydney.

How lawyers help drive cases

2.1 Specialist to provide legal advice

A lawyer one of the first stages is to provide clear legal guidance on your case. They will consider:

Accusations against you.

Possible punishment.

Your available legal defense.

2.2 representing customers in court

If your case continues in court, there will be a lawyer:

Represent you for a sorority printer or judge.

Present evidence in your favor.

Challenged any weaknesses in the prosecuting authority.

2.3 Talk for low punishment

Drinking lawyers often interact with prosecutors:

Reduce the final or license suspension period.

Get a termination of section 10 (avoid a criminal journal).

Secure alternative punishment, such as a good behavioral bond.

2.4 Challenge the accuracy of the evidence

Attorneys can investigate:

The breathing test was done correctly.

If the police followed the legal procedures during the arrest.

Many medical conditions affect BAC reading.

2.5 Assistance with a license appeal

If you lose your license, a lawyer can help you search:

A limited task license (so you can continue to work).

Appeal to reduce the suspension period.

2.6 to help criminals for the first time

For criminals for the first time, you can push for a lawyer:

A twist program.

No penalty was registered.

A minimum cure instead of license suspension.

Why should you rent a lawyer in Sydney

Legal expertise – understanding of complex laws on the operation of drink.

Experience in court – knowledge of court procedures and sorority printers.

Better results – low punishment or high probability of rejecting a case.

Protection of rights – ensure proper treatment during legal negotiations.

Advocate fees may vary on this basis:

The severity of crime.

The case goes away.

Lawyer experience.

Many companies offer price determination of fixed fees for drinking cases, making legal representation more cheap.

If you are charged with a driving offence, you can take action.

Stay calm – avoid arguing with police officers.

Documents everything – be aware of the arrest details.

Contact a lawyer – Seek professional advice immediately.

Understand your rights – you don’t have to be guilty immediately.

Prepare for the court – follow the lawyer’s guidance on the best defense strategy.

Hiring a Drink and driving lawyer in Sydney can make a significant difference in the result of your case. Whether facing a minor crime or a serious claim, legal expertise can help you navigate the system, reduce punishment, and protect your future.

If you have been accused of running a crime, you can seek legal help as soon as possible to understand your options and fight for the best results.

FAQs

Can I avoid a firm belief in drinking in Sydney?

Yes, in some cases a lawyer can help you secure a termination of section 10, which means you have not been found guilty.

How long does a drink case take in court?

It depends on the complexity of the case. Some cases are resolved in the presence of a single court, while others may take months.

Can I still run if my license is suspended?

No. Driving with a suspended license can lead to severe punishment, including imprisonment.

What is the punishment for drinking for the first time in Sydney?

Penalty penalties vary but may involve imprisonment for fine, license suspension, and even high-distance drinking drink offenses.

How do I choose the right drinking lawyer in Sydney?

Look for a lawyer with a proven overview of experience in traffic crimes, strong customer assessments, and favorable results.

Hiring a Drink driving lawyer in Sydney can make a significant difference in the result of your case. Whether facing a minor crime or a serious claim, legal expertise can help you navigate the system, reduce punishment, and protect your future.

If you’ve been charged with a drink driving offence, it’s crucial to have experienced legal representation by your side. At Platinum Lawyers, we specialise in defending drink driving cases and guiding clients through the entire legal process with professionalism and care. Don’t navigate this alone—our team is here to help! Contact us today or give us a call at (02) 8084 2764 for expert legal assistance.

Drink Driving Offences & PCA Offences In Australia

 

One of the most prominent road-related injuries in Australia is drunk driving. Drink driving is a severe offence in Australia. Anyone caught operating a vehicle over the legal limit may face penalties such as licence suspension, disqualification, revocation, fines, or imprisonment for more serious offences.

Many drivers are still perplexed by the “ambiguous” drink-driving legislation, assuming it is safe to drive after three drinks.

According to a new study released, the average motorist/driver has a substantial knowledge gap in drunk driving rules. While nearly three-quarters of drivers feel they know the laws, only 22% know the proper legal adult limit, and 20% believe they can consume three or more drinks before driving. The more liquor you consume, the higher your blood alcohol content will be, and the greater your chances of getting involved in a car accident.

 

Call one of our expert Drink Driving Lawyers in Parramatta at (02) 8084 2764 immediately for a free consultation about your Drink Driving problem.

Drink-Driving Defences

There are essentially two defences that are in use against drunk driving charges.

● The ‘2-hour rule’ is the first line of defence. It states that a police officer cannot make a person submit to a test, analysis, or evaluation or furnish a sample two hours after they drive. The time limit is four hours for a blood sample, urine sample, and oral fluid test.

● The second defence is known as the ‘home safe’ rule. A police officer cannot force a person to submit to a test, analysis, or assessment or to produce a sample at their residence, according to the NSW Police Act of 2013. A person’s home, for example, includes any section of their property, including a driveway, front yard, and rear yard. Because police officers are frequently unaware of these terms, an expert drink driving lawyer may be able to have the charges dismissed.

Drink Driving Offences and PCA Offences

You must know that driving a car or riding a bike while your blood alcohol level is above the legal limit is a severe violation in NSW.

If the driver is obliged to enrol in the Alcohol Interlock Program, the disqualification terms may differ from those indicated. See the Alcohol Interlock Program for additional information.

For related offences, see ‘Driving Under the Influence’ below.

Drink-driving offences regularly

Drivers who have been guilty of two drink-driving offences in five years must complete the Driver Knowledge Test before regaining their driver’s licence.

Drinking and driving in a low range, a specific situation, or as a novice

You would be charged with low-range drink riving if you are found to have been driving a vehicle with a blood alcohol concentration between 0.05 and 0.079.

If you commit a low, special, or novice range alcohol driving offence, NSW Police can suspend your licence immediately. If it’s your first offence, your licence can get suspended for three months, and you need to pay the fine right away. Alternatively, the police may issue you with a court attendance notice and you would be required to appear at Court.

Penalty	First offence	Second or Subsequent Offence
Penalty notice fine	$581	N/A
Immediate licence suspension	Yes	Yes
Maximum court-imposed fine	$2200	$3300
Maximum prison term	N/A	N/A
Minimum disqualification	3 Months	6 Months
Maximum disqualification	6 Months	Unlimited
Automatic disqualification	6 Months	12 Months
Subject to an alcohol interlock order	No	Yes, for a period of 12 months

Drinking and driving in the mid-range

A mid-range PCA offence occurs when a driver’s blood alcohol concentration (BAC) exceeds 0.08 but less than 0.15.

Penalty	First offence	Second or Subsequent Offence
Maximum court-imposed fine	$2200	$3300
Maximum prison term	9 Months	12 Months
Minimum disqualification	6 Months if interlock order is exempted or a minimum of 3 months if interlock order is imposed.	12 Months if interlock order is exempted or minimum of 6 months if interlock order is imposed.
Maximum disqualification	Unlimited	Unlimited
Automatic disqualification	12 Months	3 Years
Immediate licence suspension	Yes	Yes
Subject to an alcohol interlock order	Yes, for a period of 1 year	Yes, for a period of 2 years.

Drinking and driving at a high level

When a driver’s blood alcohol concentration (BAC) exceeds 0.15, it’s considered a high-range PCA offence.

Penalty	First offence	Second or Subsequent Offence
Maximum court-imposed fine	$3300	$5500
Maximum prison term	18 Months	2 Years
Minimum disqualification	12 Months without interlock or 6 months if interlock is imposed	2 Years without interlock or minimum 9 months if interlock is imposed
Maximum disqualification	Unlimited	Unlimited
Automatic disqualification	3 Years	5 Years
Immediate licence suspension	Yes	Yes
Subject to an alcohol interlock order	Yes, for a period of 2 years	Yes, for a period of 4 years

Statistics on Drink Driving in New South Wales

● 30% of all drunk driving accidents occur on Thursday, Friday, and Saturday nights.
● 90% of drunk drivers who cause fatal accidents are men.
● Between 30 and 39 ages, 25% of drunk drivers get involved in deadly accidents.
● Drunk driving is responsible for 20% of all fatal accidents in NSW.

What is Section 10, and is it going to be of assistance?

Section 10 orders are a criminal penalty that a magistrate or judge can issue during sentencing. A court ruling dismissing a case without recording a conviction is known as Section 10. The Court can make such an order under Section 10 of the Crimes Act 1999 (NSW).

The process of persuading the Court to employ this power is known as ‘obtaining a Section 10’, which means you will not be guilty of drunk driving, and your licence will not get suspended.

Surprisingly, the majority of individuals desire this outcome. However, it is only applicable for minor offences or when there are extenuating circumstances around the crime or your situation.

According to an internal analysis by our legal team, which specialises in Traffic Infringement and Traffic Law, 43 % of drunk driving charges in the Novice Drink Driving Range will get reduced. It was 15% in the Mid-Range Drinking Class and less than 1% in the High-Range Drinking Class!

An Overview of Blood Alcohol Concentration (BAC)

The percentage of alcohol in a person’s blood is known as BAC.

● A blood alcohol concentration (BAC) of 0.05 suggests you’re twice as likely to be involved in a car accident.
● If you have a BAC of around 0.08 or more, you are seven times more likely to have an accident while driving.
● If you have found with a BAC of 0.15, your chances of being involved in an accident increase exponentially, making you 25 times more likely to be involved.

Do You Need Assistance Determining The Seriousness Of Your Offence?

If you’ve been found guilty of a drunk driving offence, you must seek the advice of an experienced Drink Driving Lawyer Sydney. Platinum Lawyers are well renowned and have enriched experience as Drink/Drug Driving Attorneys who can assist you in achieving the optimum outcome.

Platinum Lawyers are always ready to assist you. As Western Sydney’s premier legal practice, we’ve successfully defended over 500 people facing a drink driving charge in Court, ensuring a better outcome than if they had met their drink driving charge alone.

At Platinum Lawyers, we believe that knowing the cost of a matter from the beginning is the best way to assist our clients. Fixed fees ensure you know exactly how much you’ll have to pay upfront, and there are no surprises.

Contact us right now at (02) 8084 2764.

All You Need To Know In Brief:

Unless you’re a new driver who just received your licence, odds are you consider driving to be a routine chore. But, on the other hand, driving is somewhat complicated when you think about it. It would help if you were on high alert, have excellent coordination, quick reflexes, and the ability to make split-second decisions when necessary. With so much depending on the driver’s shoulders, it’s no surprise that any lapse in judgement can have fatal consequences.

But in case you are facing a charge of drunk driving in Sydney, Platinum Lawyers are easily accessible at (02) 8084 2764 or (https://platinumlawyers.com.au/).

Should You Pleading Guilty to Drink Driving Offence?

 

As Western Sydney’s leading law firm, we would say ‘yes’ – you should plead guilty to drink driving if you have been hit with a charge for it. The Law in Australia does not take kindly to drink driving. The majority of drink drivers are convicted by the Courts, have their licenses revoked and some may even serve prison sentences. You will be in very serious trouble if you knock a person over or cause injury to a person or a property while driving any form of vehicle whilst under the influence of alcohol.

What do you do if you’ve been charged with drink driving by Police?

The first thing you should do is get yourself a good lawyer. A good lawyer will not be able to overturn a drink driving charge if one has been filed against you. What they will be able to do, however, is present your case in court in a way that ensures you receive the minimum and not the maximum sentence possible.

Can Section 10 help?

Section 10 can lower the severity of your penalty, but it cannot take it away altogether. Judges do not hand out Section 10’s like popcorn. Whether or not Section 10 works for you will depend on the severity, class, and range of your offense. In an analysis done in-house by our legal team who specialise in Traffic Infringement and Traffic Law, the percent of drink driving charges that were lowered in the Novice Drink Driving Range was 43%. In the Mid-range Drink Driving Class, it was 15% and in the High Range Drink Driving Class, it was less than 1%!

The number of alcohol-related penalties we’ve seen section 10 lower

Do you need help understanding the severity of your offence?

Platinum Lawyers can help. Western Sydney’s leading legal firm, we’ve represented more than 500 people facing a drink driving charge in court ensuring an outcome that is better than what they would have received had they gone in to face their drink driving charge alone.

Put an experienced team to work for you

With a success rate of 99%, 10 years plus experience in traffic law, and a young team focused on achieving winning outcomes for their clients, you can be assured of your best possible legal outcome with us. To discuss your case, please speak directly to a Legal Representative from our team at Platinum Lawyers Sydney on (02) 8084 2764.  You will not be charged for your first consult over the phone!

Drink Driving: Understanding the Effects of Alcohol on Your Driving

 

Unless you’re a novice driver who just got your license, chances are that driving is just another mundane task for you. But if you really think about it, driving is pretty complicated. You need to be on high alert, have good coordination, fast reflexes and be able to make split-second judgements when needed. With so much responsibility riding on the driver, it is not surprising that any slack on the driver’s part can lead to disastrous results.

Drink Driving Penalties in NSW

Drink Driving is a serious offence in NSW. The police have adopted a zero-tolerance policy when it comes to Drink Driving. Offenders, including first timers, may have their license suspended and will cop a $572 fine. Repeat, high-range and other serious offenders must have an interlock installed in their vehicle, along with a license disqualification period. The length of the interlock and license disqualification period will vary, depending on how serious the offence was.

How Does Alcohol Affect Your Driving?

The effects of alcohol on your driving can include:

• Delayed reaction time – Alcohol can slow down your reflexes and decrease your ability to react quickly. It also adversely affects your ability to gauge speed and your distance from other cars or pedestrians on the road.
• Impaired vision – Alcohol can result in blurred vision and altered visual perception. This is turn can affect your ability to see details such as pavements, potholes and movement in your periphery vision.
• Reduced concentration – It is a well-known fact that alcohol can reduce your concentration, making you a less attentive and highly dangerous driver.
• False sense of confidence – Ever gotten drunk and acted out of character? That’s because alcohol has the tendency to lower our inhibitions and give us a false sense of confidence. Combine that with an increased risk-taking tendency and a false sense of invincibility and it’s a recipe for disaster.

NSW Drink Driving Statistics That Will Give You the Chills

• 30% of all Drink Driving accidents occur on Thursday, Friday and Saturday nights.
• 90% of drink drivers involved in fatal accidents are male.
• 25% of drink drivers in fatal accidents are aged between 30 to 39.
• 20% of all fatal accidents in NSW are a result of Drink Driving.

A Quick Look at Blood Alcohol Concentration (BAC)

BAC refers to the percentage of alcohol found in a person’s blood stream.

• 0.05 BAC reading: If you get a reading of 0.05, it means you’re at double the risk of having a driving accident.
• 0.08 BAC reading: You are seven times more likely to have an accident behind the wheel.
• 0.15 BAC reading: Your risk of having an accident shoot up exponentially, making you 25 times more likely to be involved in an accident.

When you look at all the available Drink Driving statistics, it becomes clear that no amount of alcohol consumption, no matter how low, is safe for driving. So, if you’re planning to get drunk, make sure you have a designated driver to take you home – or call a cab.

If you’ve been charged with a Drink Driving Offence, getting the help of an experienced Drink Driving Lawyer Sydney is important. Platinum Lawyers are qualified Drink/Drug Driving Lawyers who can help you achieve the best possible result.

Get in touch with us today on (02) 8084 2764. 

Drug Driving – The Party’s Over!

 

Road safety in and around Sydney is of paramount importance, not just for you but for those around you.

Drive after taking drugs and face a suspended license for three months. Sound harsh? It is.

As of 20 May 2019, drivers who test positive for any illicit drugs in New South Wales (NSW\][po) will be facing a minimum fine of $561 and an immediate three-month suspended license. These laws apply to first-time drug drivers and low-range drink drivers. For those involved in an accident, or facing a second conviction , the resulting penalties could be catastrophic.

Safer Roads

These changes are part of the government’s Road Safety Plan 2021, which has the lofty goal of reducing fatalities on the NSW road network 30 per cent by 2021. The Minister for Transport and Roads Andrew Constance said, “Drivers who have an illegal level of alcohol in their blood or have used illegal drugs have no place on the road…if you break the law, you will pay the price.”

Despite the outrage felt by some members of the community regarding these new strict laws and severe penalties, the fact remains – drugs are illegal and these new laws will save lives. Research from the NSW Centre for Road Safety has found that in nearly one in five road fatalities occurring in 2018, illegal drugs were detected, the same number as alcohol related crashes.

Zero Tolerance

The new laws are designed to simplify and improve the certainty of penalties for driving with the presence of any illegal drug typically detected through MDT.

Unlike the Random Breath Test (RBT) for alcohol, which tests the level of alcohol a driver has in their system, the Mobile Drug Test (MDT) is specifically designed to detect any presence of drugs. So a driver does not need to be physically impaired at the time, any positive test can result in prosecution.

“Every police vehicle can carry out mobile drug tests anywhere, anytime. Take illegal drugs and drive? You can stop it… or cop it,” warns the narrator in a recent TV advertisement.

 

How is the MDT Test Done?

Typically the MDT is done in addition to a RBT. The police officer will ask you to wipe a MDT test stick along your tongue to check if you have illegal drugs in your system. The result only takes a few minutes and you will be required to wait until the test is clear. If the test yields a positive result, you will be taken back to the police station and asked to provide another saliva sample. If this test is also positive you will be banned from driving for twenty-four hours while the samples are sent to the laboratory for analysis.

According to the legal experts at Drink Driving Defence Melbourne, there are several ways for police to legally obtain samples from you, saying “be aware that if the police suspect that you are impaired by any other drugs undetectable by the MDT, they can arrest you and you will be required to submit blood and urine samples.”

In this situation, you would be prohibited from driving for forty-eight hours while awaiting the final test results.

All drivers involved in fatal crashes undergo blood and urine testing for drugs and alcohol.

Which Drugs Does the MDT Test For?

The MDT detects four common illegal drugs: ecstasy, cannabis, cocaine and methamphetamine (including speed and ice).

 

How Long Do These Drugs Stay in the System?

Traces of these drugs remain in the body long after the apparent effects are gone. The specific amount of time drugs can still be present is a bit imprecise since many factors including: the amount of drugs taken, frequency of use, combinations of drugs, drugs combined with alcohol and body chemistry, can all play a factor.

The NSW government claims that the MDT can detect cannabis for up to twelve hours after use and stimulants for one to two days. However, the Alcohol and Drug Foundation (ADF) say that cannabis can be detected by a saliva test for approximately twenty-four hours after use and there have been reported cases where cannabis was still present several days later.

It’s clearly a slippery slope and there is no definitively accurate time frame to follow. It would also be wise to bear in mind that drugs can be detected in urine and blood tests for days or weeks and hair follicle tests for months.

The only sure fire way to ensure a negative result in a MDT is to not use drugs or don’t use drugs and drive.

What About Prescription Drugs?

While the MDT does not specifically test for prescription drugs, this does not mean a driver can confidently take prescription drugs and drive. If any drug impairs a person’s ability to drive safely, then that driver could be subject to a driving under the influence (DUI) conviction and face the same penalties as someone taking illegal drugs.

If you do take prescription drugs, ask your doctor if it’s ok to drive while taking that medication, do not exceed the recommended dosage, do not mix prescription drugs with alcohol and be mindful when starting a new medication, the initial effects could be stronger and more disorientating than expected.

Pain & Suffering

It’s pretty clear that these new laws are designed to leave offenders in a world of hurt. The $561 fine and three-month suspended license is now the bare minimum for first-time offenders. The penalties skyrocket from there.

Initial fines and penalties are considerably higher if you refuse to be tested.

If a driver tests positive for both drugs and alcohol they could face multiple charges.

For subsequent offences or more serious situations, there could be substantial fines, license disqualification and jail time.

Do You Need A Lawyer?

A drug driving conviction can be costly and life altering. It’s really not a situation you want to navigate alone, especially if you have to go to court. Platinum Lawyers is Western Sydney’s leading law firm. Our legal team has more than 10 years of experience in traffic law and we excel at achieving the best possible outcome for our clients.

If you are charged with driving under the influence (DUI), call Platinum Lawyers Sydney to discuss your case with one of our Legal Representatives on (02) 8084 2764.  There is no charge for your initial phone consultation! We are here to help.

Author Bio

Tim Frank Anderson is an Australian freelance writer and Sydney-based university student. As a business student, he has a passion for learning about global changes in business culture and specialises in entrepreneurship and innovation-related topics. When Tim isn’t at his desk, you’ll find him exploring National Parks.

FAQs About Drink Driving Charges

 

Drinking and driving is dangerous – both to the person engaged in such behaviour and for those on the roads. In recent times, NSW has taken a ‘’zero tolerance’’ stand when it comes to dealing with Drink Driving Offences. Currently, a first-time, low-range drink driver will cop a minimum fine of $561 and an immediate, three month driving suspension.

Platinum Lawyers are Experienced Drink Driving Lawyers in Sydney. We have made a compilation of frequently asked questions so you can know your rights and the law.

 

NSW Drink Driving Offences FAQs

With the constant changes to the laws with regards to drink driving, it can be confusing to keep track of the facts. Platinum Lawyers has compiled a list of frequently asked questions when it comes to Drink Driving Offences to help you gain a better understanding of the laws in place.

Is Drink Driving considered a criminal offence in NSW?

Yes, Drink Driving is a criminal offence in New South Wales. If found guilty of a drink driving charge, it may result in a criminal conviction, penalties, license suspension/disqualification and even imprisonment.

Is a breath test alone enough to charge for a drink driving offence?

No, since breath tests are prone to errors, breath tests alone are not enough. If the result of a breath test is positive, you will be taken to the nearest police station for a breath analysis.

Is it illegal to refuse a breath test in NSW?

Yes, it is a serious offence to refuse a breath test. Breath test laws are pretty strict in NSW. If a police officer requests, you must supply a sample of your breath. Refusal to take a breath test can lead to the same charges of those for a high range drink driving offence.

Furthermore, if a motorist provides an insufficient breath sample (such as trying to manipulate the reading by blowing very lightly), it can be considered as refusal to provide sample and they can be charged with a same penalties and punishments applicable for a high range drink driving offence.

What is the 2-hour rule?

Police are not permitted to take a breath test if it’s been more than two hours since a person last drove. If they do so, the results may not be admissible as evidence in court.

What is the ‘home-safe’ rule?

The ‘home-safe’ rule states that police cannot force you to do a breath test in your own home. Just as with the 2-hour rule, if the police breath tests you in your home, the result will not be admissible in court.

Facing a Drink Driving Charge in Sydney? Contact Platinum Lawyershttps://platinumlawyers.com.au/ on (02) 8084 2764. 

Driving Over the Limit? Traffic Offences

 

You are in a hurry because you are running late for an appointment. You are in a hurry because you are stuck in traffic and need to speed up to recover the missing time. You can have any reason to drive over the limit. And let’s face it, everyone, every now and then, has driven over the limit. Some are lucky enough to avoid the speed camera and some are unlucky enough to get caught. If you are one of the latter ones, then do not worry. If required, a lawyer can help you in such a matter.

Driving over the limit or any kind of traffic offence is taken very seriously in NSW. You can incur anywhere between 1 – 5 demerit points and fines on top of that. If you are facing traffic offence charges, it is advisable to contact a lawyer to act on your behalf.

Play Safe

In case of a serious driving offence, you may lose your licence and be sent to prison. A serious traffic offence includes drink driving, driving whilst disqualified and excess speed cases. If you feel that your penalty for such offences is drastic and unreasonable, you can easily seek advice from our lawyers.

Getting professional assistance for Traffic Offences may be expensive. However, there are law firms that offer affordably priced, dependable lawyers in the city like Platinum Lawyers Sydney NSW. Our rates are affordable and cost-effective. A professional lawyer may take various steps to fight cases for you. They have the ability to bring out the best possible results in your favour. It is better to follow the laws and be safe than sorry.

Get in Touch

If you are seriously concerned about losing your license or landing in prison because of a traffic offence, you now have the opportunity to challenge your case by hiring a lawyer.

Call (02) 8084 2764 to challenge Traffic Offence charges.

Is Traffic Offence A Criminal Conviction?

 

In Sydney and Parramatta, driving offences are deemed criminal offences because they are punishable by the State. However, traffic offences (as per various Traffic Offence Lawyers) are dealt with and recorded differently, depending on how severe the violation is. Here, we will tell you how various traffic offences are recorded in Sydney as criminal convictions.

An Overview

Minor driving offences usually are only recorded on your driving record and not your police record. They might be registered on your criminal record if:

• You contest an infringement notice in Court and are found guilty. Or,
• You fail to negotiate with an infringement notice, and a violation agency carries enforcement action where you are deemed guilty.

A violation notice for drunk driving, drug driving or excessive speeding will be recorded on your driving record and can also be recorded on your criminal (police) record as an ‘infringement conviction’. If you are found guilty of an indictable or summary traffic offence in Court, that will be registered on your driving record and your criminal history. Even if you are not guilty, your court appearance and the result will still be recorded on your criminal record. It is often included on documents provided to the police for Court purposes but should not be disclosed for a police record examination for employment purposes.

 

Serious Traffic Offence and Criminal Charges

Most severe criminal traffic offences in Sydney and Parramatta are legislated under the Roads Act 1958 and the Crimes Act 1958. They can be summary or indictable offences. Summary traffic charges include but are not limited to:

• Careless Driving
• Dangerous Driving
• Culpable Driving
• Improper Use of a Motor Automobile and Loss of Traction
• Driving Whilst Unlicensed, Disqualified, or Suspended

Indictable traffic offence includes but are not confined to:

• Dangerous Driving Causing Serious Injury or Death
• Risky or Negligent Driving While Pursued by Police
• Reckless Conduct Causing Serious Injury or Endangering Life

If the authority charges you with a summary or indictable driving violation, you will likely get a summons or a notice to be present in Court. If the charge is severe, you can get arrested and either:

• Released on bail by the police; or
• Have to apply for bail in Court.

When you visit Court, you will be questioned whether you plead guilty or not guilty to the traffic offence. If you are found guilty of a indictable or summary driving charge, it may be recorded as a finding of guilt or conviction on:

• Your driving record; and
• Your criminal record.

It would be best if you did not appear in Court on criminal driving charges without representation and advice from an experienced traffic offence attorney. Having a defence professional present your case will help you achieve the best possible outcome. Our team at Platinum Lawyers are experts in criminal traffic law and often advise and represent clients in criminal severe driving matters. Please contact one of our skilled Traffic Offence Lawyers today for a free consultation.

Call (02) 8084 2764

Drug driving offences can be difficult to follow, especially if you’re new to the criminal and legal system. However, you can avoid potential costly legal issues if you know your rights and the Transport Operations Road Use Management Act 1995 (Qld). First, it is essential to understand that taking recreational or prescription drugs and driving can create dangerous situations on the road for you and others.

Authorities may test you for drugs at any time. Roadside drug testing by Police is done through a saliva test, typically taking 3-5 minutes to process. It examines active ingredients in specific illegal drugs. It can be affected by the type of drug taken, quantity and quality, frequency of drug use, and time-lapsed since initial ingestion. A second test will be issued & sent for additional examination if the saliva test comes back positive and relevant drugs are caught. You may also need a blood test if the saliva screenings fail.

Drug Driving Offences

In Australia, it is against the law to drive with the existence of any illegal drug in your system. Penalties can include hefty fines, licence suspension, licence disqualification & imprisonment. The roadside drug test takes a saliva sample and can detect the presence of:

• Cannabis
• Ecstasy or MDMA
• Methamphetamine (ice or speed)
• Cocaine

If the test confirms the presence of any of the illegal drugs, you will be charged with a drug driving offence.

If you ingest prescription or over-the-counter medications, you must follow medical advice and the manufacturer’s instructions. If you are concerned about driving safely while taking specific medication, discuss it with your doctor.

What Is Driving Under The Influence or DUI?

You can be charged with driving under the Influence (DUI) if you are driving while affected by illegal or prescription drugs or alcohol. Drugs are detected through saliva, blood and urine tests which are ordered if a police officer has reasonable suspicion that any driver is under the influence of a drug or drugs. If you’re issued with an alcohol interlock order, the disqualification period may be different from what is in this table.

 

What Are The Penalties Of Drug Driving Offence?

Drug driving is equivalent to driving under the influence of alcohol, with one significant exception. Relevant drugs are illegal regardless of the amount you have in your system. This zero-tolerance policy demands two positive drug tests – either saliva or blood – to come into effect.

Suppose you test positive for a relevant drug or ingest other prescribed medications or alcohol consumption over the legal limit after being suspected of driving under the drug influence. In that case, your license will be automatically suspended. The length of this licence suspension depends on the severity of the offence. These penalties for driving with a relevant drug in your system include:

• Automatic loss of license or disqualification from driving for over 1 and 9 months.
• Fine of up to $1,868
• Maximum term of imprisonment of upto 3 months

Penalties for under the influence drug include:

• Loss of driving license for up to 6 months
• Fine of up to $3,736
• Maximum prison term of 9 months

Additional things to know about drug driving

Prescription drugs: Prescribed drugs and even those bought at the pharmacy over the counter are illegal to have in your body while driving if any of those impair your ability to operate a vehicle. Police are compelled to run a test on you for this if they suspect a driver of being under the drug influence.

Repeat driving offence: There are increased penalties if you are charged with a repeat drug driving offence. You become a repeat offender if you have been convicted of a drug-driving charge in the past 5 years. The possible penalties for repeat driving offences include loss of license for up to 2 years, a fine of more than $8,000, & imprisonment for an undecided period of time decided by the court.

Refusing the test: If you refuse to provide a saliva specimen for testing, you may get fined up to $5,338 or sentenced to a maximum of 6 months in prison. Additionally, you may also be accountable for the same penalties as you would if you were being charged with the original offence. There are many things to be aware of when it comes to drug driving offences. Hence, the team of Platinum Lawyers is here to help you out with the appropriate legal advice.

How Do I Apply To Get My Licence Back After The Disqualification Removal Order?

If you have been offence-free for 2 years (4 years in some cases), then you may be qualified to write an application for any outstanding disqualifications to be removed. Please note that this does not apply in cases involving serious motor offences under the Crimes Act, such as murder, predatory driving, manslaughter, police pursuits, causing grievous bodily harm or death, and several other offences. However, if you have been driving offence free in the last two years and you have a further period of disqualification yet to run, then you should fill out an application to the RMS with a copy of your traffic record. You will receive an answer from them, probably within a month & if you are eligible, a box will be ticked demonstrating such in the reply form.

When you have obtained the response and would like to engage a lawyer to act for you, call Platinum Lawyers, who will advise you on your next move to take the case to court & apply to have your disqualification removed.

How Do I Get My Licence Back After The Suspension?

In Sydney or Paramatta, you can appeal the licence suspension or request a review of the penalty. Nevertheless, you must file your appeal within 28 days from the date you were first suspended. Some parts of the process of appealing the suspension involve:

• Request a review of a penalty notice.
• Appeal a licence or registration decision.
• Request a penalty notice be heard in court.
• Apply for a good behaviour period.
• Request a driving record.
• Go to court.

Contact Us For Appropriate Legal Advice

Our lawyers at Platinum Lawyers can also advise you about the bonuses associated with having your case dealt with at a boutique firm versus a top-tier lawyer firm as they speak from experience. What sets Platinum Lawyers apart? We are a service-based & a client-focused firm where our lawyers take excellent care to build a relationship with all our clients. We provide one-on-one service, & we try to understand your case and then work with you to churn out the premium results. Platinum Lawyers know from experience that every client needs different legal advice at different stages in their life, especially in drug driving scenarios. So, we aim to build a relationship with all our clients and fulfil their legal needs.

Call (02) 8084 2764 for more information.

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What Does Drugged Driving Mean?

Driving under the influence vs drug driving, often known as driving while having an illicit substance in your oral fluid or blood, are two distinct offences (DUI). The prosecution’s burden of proof in a DUI case is to show that you were genuinely impaired by drugs when you were operating a motor vehicle. However, even a minimal amount of the drugs in your system is sufficient for drug driving offences.

In the event that a roadside drug test reveals the presence of illegal narcotics in your system, police may prosecute you for drug driving. The test, which is performed by licking a saliva swab, can find the following:

• Cannabis.
• Ecstasy/MDMA.
• Cocaine.
• Methamphetamine (ice)
• Amphetamines (speed)

You will have to try again if you fail the initial lick test. If your test results are still positive, additional laboratory testing will be done. You won’t be able to drive for up to 24 hours during this process. You will be charged with driving while under the influence of illicit narcotics if the test reveals their presence.

What Are The Consequences Of Drugged Driving In NSW?

The severity of the penalties for drugged driving might vary and is heavily influenced by your prior convictions. The maximum penalty for a first-time drug driving offence, where traces of an illicit drug are discovered in urine, blood, or oral fluid, is $1,100, with a six-month immediate disqualification period. A second offence carries a $2,200 fine and a 12-month automatic suspension.

It’s vital to keep in mind that these are merely the maximum punishments and that the charges can be greatly lowered with the help of an accomplished drug attorney. Our attorneys frequently persuade the magistrate to reduce the disqualification periods or to impose none at all.

A “Conditional Release Order,” often known as a Section 10, offers the court the option of dropping the case. No criminal conviction, fine, or disqualification is recorded under Section 10, either.

Guilty

If you tested positive for drugs and were in control of a vehicle at the time the test was conducted, the police must establish beyond a reasonable doubt that you are guilty of driving while intoxicated.

It can be best to admit guilt to the charge if you agree with the accusations and the police can support them with evidence. If you do, the case will move on to sentencing, where you will be held accountable for a penalty in front of the court.

A guilty plea is frequently preferred in court since it shows that you are sorry for the illegal acts you took part in, even though it is true that the penalty you could receive could significantly restrict your lifestyle. As a result, it is customary for the court to impose less harsh punishments as opposed to a conviction. As a result of your guilty plea, the court may exercise its discretion to dismiss the case under section 10 without finding you guilty. On the opposite, if you submit a guilty plea and work with our Sydney traffic attorneys, the prosecution team may agree to a compromise with a significantly reduced sentence.

Not Accused

If you choose to do so, you may also choose to enter a not-guilty plea to the allegation of drugged driving. If this is the case, it is the prosecution’s responsibility to demonstrate beyond a reasonable doubt that you actually committed the crime. It is likely that you will be found guilty and sentenced to the punishments mentioned above if it can be successfully proven.

What Happens If I’m Accused of Drug Driving in New South Wales OR Sydney?

If someone was found to be operating a vehicle while having an illegal substance in their system, the police were empowered to issue a penalty notice and suspend their licence for three months. This is usually administered during the second test, which takes place after the roadside examination by the police, once a positive reading on a laboratory analysis is discovered.

You may, however, decide to take your penalty notice to the court for review.

Typically, this is done with the understanding that you either want to: To avoid having your licence suspended or having to pay a fine, you can enter a plea of not guilty or guilty while asking the court for indulgence because of your unique situation.

Lawyers For Drugged Driving In Sydney

It is crucial to consult with a skilled criminal attorney who is familiar with the court process and the variables that a judge may take into account when deciding your sentence in order to improve your chances of achieving a lenient verdict. You can get guidance on what steps to take to maximise your chances of achieving a lenient verdict from an experienced drug lawyer in NSW.

The drug-driving cases Platinum Lawyers Pty Ltd specialises in have produced innumerable outcomes in which our clients have been granted a Conditional Release Order. You may contact Platinum Lawyers Pty Ltd for a free consultation by calling (02) 8084 2764.