Drink Driving, DUI & Other Traffic Offences
If you’ve been charged with a traffic offence, such as drinking driving, or a DUI, it’s imperative to obtain legal advice from a lawyer experienced in those cases.
Traffic offences in NSW are treated very seriously, and the associated consequences can be very inconvenient, expensive, or sometimes cost you your licence or freedom.
Our team at Osborne Howell is highly qualified in every aspect of traffic offences, and we can provide the best advice and representation to ensure you don’t have to undergo the process alone.
Traffic Offences Include:
- Drink driving – various ranges of prescribed concentration of alcohol (PCA)
- Drug driving – having illicit drugs in your body fluids
- Refusing breath tests or breath analysis
- Driving whilst disqualified, suspended or cancelled
- Dangerous driving, negligent driving, reckless driving
- Predatory driving
- Dangerous/DUI driving cause death or grievous bodily harm
- Speeding offences and street racing
- Heavy vehicle offences
What do I do if I’ve been charged with drink driving?
If you have been caught with a specified concentration of alcohol in your blood during a police breath test, you will have been charged with a Prescribed Concentration of Alcohol (PCA) offence.
These charges come in ranges – from low-range to mid-range to high-range – depending on the level of the reading. Different levels attract various penalties, from a fine to disqualification to a prison sentence, and the penalty you receive will depend on various factors, such as the circumstances surrounding the incident, whether anyone else was injured and your driving history. An experienced drink driving Lawyer will be able to provide sound advice and defend you in court to obtain the best possible outcome.
If you’ve been caught driving under the influence (DUI), the primary evidence is your driving behavior and/or an accurate reading of your blood alcohol level was not able to be obtained, either because of the timeframe that had passed between you driving and your breath test, or if a reading was inconclusive.
If you’ve been charged with a PCA or DUI offence, it’s crucial to obtain legal advice and representation from an experienced solicitor who can professionally guide you through the process and minimise your penalty.
Charged with a DUI or drug driving offence?
What are the implications of drug driving?
Driving under the influence of drugs in oral fluid or blood is a serious offence, and can have serious consequences, including penalties, loss of licence (of up to 3 years) and your ability to drive to work, and in more serious offences, imprisonment (up to 18 months for a first offender).
Unlike DUI charges, there is no requirement for the prosecution to demonstrate you were affected by drugs. A drug driving charge can end up on your criminal record, which can potentially impact your ability to maintain or find employment, and it may restrict some countries you allowed to travel to. As a result, it’s important to secure the services of an experienced DUI or drug driving lawyer to help you minimise the impact of your charges.
What is a Section 10?
Section 10 is applicable to all criminal charges and driving charges. The term refers to section 10 of the Crimes (Sentencing Procedure) Act 1999, and means that even if you are found guilty of a traffic offence, irrespective of its seriousness, you can be discharged without having a conviction recorded against you. No fine or disqualification will be imposed, and you will not lose your licence.
Your chances of receiving a Section 10 are increased if you are a person of good character, if the offence happened during a challenging time in your life or if you’ve already started addressing any underlying issues via professional means (courses and counselling). At Osborn Howell, we have extensive experience helping our clients prepare evidence and documentation to increase their chances of receiving a Section 10. If you’d like more information about traffic offences, please contact us.