Drink DRiving Offences
Drink DRiving Offences
Drink driving is considered a serious offence by the courts. There are three main types of drink driving offences:
- Low range – where the reading is above 0.05 and less than 0.08
- Mid range – where the reading is between 0.08 and 0.15
- High range – where the reading is greater than 0.15.
There is no permissible level of prescribed concentration of alcohol (PCA) for learner or provisional drivers.
WHAT IS YOUR NEXT STEP ONCE YOU HAVE BEEN CHARGED WITH THE OFFENCE?
If you have been found with a prescribed concentration of alcohol of greater than 0.05, you will be taken to the local police station for a proper alcohol analysis. If the analysis discloses a blood alcohol concentration of 0.05 or higher, you will be charged with a drink-driving offence.
The penalties that can be imposed by the Court for drink driving offences vary significantly. The Court will examine the facts and circumstances surrounding each individual matter.
This would include relevant factors such as the gravity of the offence, the age of the person, the level of the blood-alcohol concentration, the driving history of the person concerned and other factors that may affect the individual should the offence be proven and a punishment imposed.
It is recommended that once charged with the offence, you should consult Brydens Lawyers as to your options available to you. In the interim, you should follow all conditions set out by the Police and Roads and Maritime Services in your Court Attendance Notice.
Generally, the courts will be more lenient in terms of the punishment prescribed if a guilty plea is entered at the earliest opportunity. In addition to a guilty plea, the court will also take into account the level of remorse shown, the explanation provided for the offence, any engagement in a Traffic Offenders Rehabilitation program as well as testimonial evidence that you can provide in support of your character.
The court will consider all of the relevant matters set out alone to determine and impose a sentence. Such sentences may include accepting that an offence has been proven but providing a dismissal of the charge. On the other hand, and depending upon the gravity of the offence, there may be the imposition of a fine, demerit points, suspension of the licence or imprisonment.
WHAT ARE YOU
ABLE TO APPEAL?
Depending upon the facts and circumstances surrounding the offence that a person may be charged with, there may be grounds of appeal.
However, such grounds will depend upon the gravity of the offence, the offender’s previous driving and/or criminal record, and other personal factors affecting the individual.
Often drink driving offences are appealed for the reason that loss of licence will make it difficult, if not impossible, for the person in question to travel to and from work.
Regrettably, there is no special provision within the legislation to enable a person to retain their licence, even on a restricted basis, to travel to or from work. Quite often it is the case that the loss of licence means the loss of a job.
WHEN SHOULD YOU
CONSULT A LAWYER?
You should consult Brydens Lawyers once you have been charged and provided with a Court Attendance Notice.
We will obtain your instructions and advise you of your options moving forward, considering that a plea must be entered into on the next Court occasion.
WHAT ARE THE
LEGAL COSTS INVOLVED?
Brydens Lawyers take the time to discuss with you in detail the likely costs to be incurred as they can vary significantly between matters.
Brydens Lawyers handle numerous criminal and traffic matters each year. Our Criminal lawyers are committed to getting the best result for you. Whether you are pleading guilty or not guilty, Brydens Lawyers will prepare you thoroughly for court.
WHY ARE BRYDEN’S LAWYERS THE RIGHT REPRESENTATION FOR YOU?
If charged with a drink driving offence, Brydens Lawyers are experts to assist in the defence of that charge or, alternatively, the plea to the charges to ensure a satisfactory outcome for our clients.
As experts in this area, Brydens Lawyers are available to assist if charged with a drink driving offence. Subject to the client’s instructions, the charges can be defended entirely with the entry of a plea of not guilty. The matter would be listed for hearing before the court when all evidence is then called on behalf of the person charged and the prosecution. In such cases, a decision is then made by the court as to the guilt of the person involved and, if appropriate, administration of a penalty.
Alternatively, Brydens Lawyers are available to assist with the entry of a plea if the client chooses to plead guilty. Submissions made by Brydens Lawyers on behalf of their clients will ensure the best possible outcome to ensure the penalty is less severe than what otherwise maybe the case.
In January I lost my license for 6 months due to a medical condition. I got in contact with Avinash Singh from Brydens Lawyers, straight away Avinash put me at ease. Within a week my license was renewed, and I was able to drive again. I was so impressed with the dealings I had with Avinash and Brydens Lawyers, I wouldn’t hesitate to use them again or recommend them to my family of friends.
Andrew Johns of the NRL.
Avinash made us feel at ease and has taken the stress from us. Today I can say we are much happier as a family and we have our son back.
A client of our Criminal Law division.