Need an affordable lawyer to challenge your Drink Driving offence?
Drink Driving offences are among the most common offences dealt with by Local Courts in New South Wales. If you have been charged with a Drink Driving offence you may be comforted by the fact that you certainly are not alone. Individuals from all walks of life, regardless of their trade or profession fall into this common error.
Notwithstanding its common nature, drink driving is a serious offence and it always treated as such. In recent times Magistrates have been directed to take a more hardline approach on offenders. Depending on the seriousness of the charge the consequences can be very severe, and in extreme cases may result in a term of imprisonment.
The average individual is unlikely to go to jail for an offence of Drink Driving, though frighteningly lengthy licence disqualification periods apply.
Upon a conviction for a Drink Driving offence, automatic licence disqualification apply. Therefore the only way to avoid an automatic licence disqualification is to avoid a conviction. There are two ways in which you can avoid a conviction:
- Enter a plea of guilty to the offence of Drink Driving and request that the court not record a conviction (commonly referred to as a Section 10); and
- Enter a plea of not guilty and successfully contest the charge.
Although challenging a charge of Drink Driving is possible, more often than not the circumstances warrant a plea of guilty. Hence for most people obtaining a Section 10 is the only way to avoid licence disqualification.
Our Drink Driving Lawyers understand that the loss of a drivers licence for any period can be a catastrophic occurrence, you may be at risk of losing job or have no way to take the children to school.
It is important to consult an experienced Drink Driving lawyer to ensure that your chances of avoiding a licence disqualification or reducing the licence disqualification is maximised. Our Drink Driving Lawyers have extensive experience in drawing the court’s attention to your relevant circumstances which ensures you have the best chance of keeping your driver’s licence.
Call one of our experienced Drink Driving Lawyers Parramatta on (02) 8084 2764 today for a free consultation to discuss your Drink Driving matter.
Disqualification Periods for Drink Driving First Offence
If you plead guilty or are found guilty of an offence of drink driving you should be aware of the following:
- A disqualification of licence is automatic; and
- The only way to avoid a disqualification is if the court deals with you pursuant to Section 10.
If you are not a section 10 candidate or the court refuses to deal with you pursuant to section 10 then:
- The court must consider the automatic disqualification period at first instance;
- The absolute minimum disqualification period is set by legislation, this is known as the mandatory minimum disqualification period.
Pricing and Fees
Fixed Fee
At Platinum Lawyers we feel that our clients are best served by knowing from the start how much their matter is going to cost them.
Fixed Fees means you know from the start how much you have to pay AND there are no hidden charges.
Take advantage of our free first consultation.
*We offer all clients fixed fees in the following types of matters:
If you plead ‘Guilty’ and are sentenced on the same day in the below mentioned courts (all preparation work and up to one full day in court):
- Any Sydney Metropolitan Court
- Any additional court appearance
Serious matters and cases involving multiple charges are not covered by the fixed fees above however we would be more than happy to give you an estimate so please send us an enquiry or simply call and speak with one of our experienced Drink Driving Lawyers Parramatta.
Please note:
- Any disbursements we incur on your behalf will be in addition to the fixed fee.
Do I have a chance at getting a Section 10?
If you plead guilty or are found guilty of an offence of Drink Driving there is only one way you can avoid a licence disqualification, and that is for the court to deal you pursuant to section 10.
Our experienced Drink Driving Lawyers will skilfully draw the court’s attention to certain factors which may greatly enhance your chances of a section 10. In general terms your chances of a section 10 depend on many factors, some of which are:
- The seriousness of the offence: For low range offences a section 10 is quite common. For mid-range offences a section 10 is possible but increasingly difficult to obtain. Finally for high range offences a section 10 is rarely utilized.
- Your traffic record: It is impossible to be granted a section 10 if you have been given a section 10 for a major Driving Offence within the last 5 years. Generally speaking the better your record the greater your chances of success.
- The manner and reason for driving: The number of passengers, whether you were involved in an accident, the reason for driving and how you were caught are all relevant. Generally speaking if your driving was uneventful and you were caught alone during a random breath test then your chances of success are greater than one breath tested following an accident.
- Your need for a licence: The court must take into account your need for licence whether it is for employment of family reasons or otherwise.
Call one of our experienced Drink Driving Lawyers Sydney who are always happy to give you an informed and realistic opinion as to your section 10 hopes.
Drink Driving , The Myths & Facts
Drink driving is a serious crime and no one needs to be reminded of that fact. But as lawyers, it is often interesting and sometimes amusing to hear the myths that are out there about being caught Drink Driving. See the Drink Driving Statistics in NSW to get your facts right.
FACT : People are sent to jail
We all know that Drink Driving is serious, but only a few of us know how serious it is. In our knowledge, there are cases where people have been sent to jail. Although the cases are few and far between, it does happen.
You will all be pleased to note that none of our Drink Driving clients have gone to jail.
MYTH: It’s ok, you can get me a work license
This is a popular and dangerous myth.
No, it is not ok! There is no such thing as a work license in this state per se.
FACT 2: The Magistrates must follow strict guidelines
Magistrates have been directed to take a more hardline approach when dealing with PCA matters.
There have been several criticisms of Magistrates who are too lenient in PCA matters.
You will get little sympathy from a Magistrate; sadly they have been instructed not to show you any.
MYTH 2: You cannot go to jail for the first offense
Yes, you can! It is quite rare though, it is statistically almost negligible.
For instance, recently we had to examine the sentencing statistics for a first time offender in a high range PCA matter. For his age group, only 3 out of 1172 offenders were sent to jail.
AGAIN, DO NOT PANIC, this has never happened to any of our clients.
MYTH 3: I’ll just calculate my drinks, it will be fine
Calculating your drinks does not always work. You really have to have an accurate knowledge of your body’s ability to metabolize alcohol if you intend to drive after more than one standard drink. Learners and P platers, you cannot drink anything at all.
If you have just started driving, just started to drink, suffer from an illness or think you have a small frame chance, then you will get your calculations wrong.
If you are going to drink, please do not drive. For more information, visit RMS NSW for Road Safety Rules & DoubleDemerit Points.
