Are you facing drink driving charges? In NSW Australia, there are harsh penalties for those convicted of drink driving. As well as hefty fines and possible disqualification from driving, if you are convicted of a drink driving offence, you also have to deal with the consequences of having a criminal record. Like many people, you might depend on your car for employment or transportation to work, and being disqualified from driving can have a significant impact on your lifestyle and income. If you have been charged with a drink driving offence, it is worth discussing the possibility of a section 10 with your drink driving lawyers. Sydney lawyers with experience in drink driving convictions might be able to help you obtain a section 10, depending upon the particulars of your case.
What is a section 10?
A section 10 is a section of the Crimes Act 1999, which allows magistrates to dismiss a charge without recording a conviction. In order to get a section 10, you will need to plead guilty and show remorse for your offence. If you can successfully obtain a section 10 for your drink driving conviction, your charges will be dismissed, and you will be able to avoid penalties – including having a criminal record.
How do I get a section 10?
Whether or not your request for a section 10 is successful depends on your individual situation, and the discretion of the magistrate, but there are a number of things you can do to help improve your chances.
- Obtaining character references from up to three other people who have known you for a significant period of time.
- Being able to demonstrate that you need your licence for employment or other purposes.
- Demonstrating a clean driving history.
- Completing a traffic offender intervention program.
- Obtaining good legal representation to help you put forth your case and explain any extenuating circumstances.
- Paying attention to your presentation and appearance at court.
If you have been convicted of a low range PCA, or if you can negotiate a reduced charge for pleading guilty, you have a good driving history, have taken a traffic offender program, and can prove you are of good character, you stand the best chance of getting a section 10.
Is there any other way to reduce my drink driving charges?
If you are not a candidate for a section 10, there are other defences you can use to reduce or contest your drink driving charges. Your lawyer will be able to advise you on the most appropriate steps for your situation, but there are a few common defences that can be successful, including:
- A problem with the reading. If there is a lapse of time between when you were driving and when your blood alcohol level was measured, you may be able to challenge the reading. If more than two hours passed between when you drove, and when your breath test was undertaken, it is possible you will be able to have the charges dismissed.
- Extenuating circumstances. If you had genuine reason to believe you were not over the limit, and can prove it, you may be able to argue extenuating circumstances.
- If you can prove you were not the driver.
Defending a drink driving charge successfully greatly depends on having experienced and highly competent drink driving lawyers such as Sydney Criminal Lawyers in Sydney. Lawyers with knowledge of NSW drink driving laws, and a record of successfully obtaining a section 10 for people in similar circumstances to your own, can give you the best chance of successfully defending your drink driving charge.
Bill Vasiliadis
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