Driving & Traffic Offences

Drink Driving

Despite it being a common offence, driving under the influence of alcohol, is a very serious offence and a conviction of which can incur serious penalties.

The penalty for drink driving is determined by whether you have a previous drink driving conviction and/or how much alcohol you had in your body whilst driving. More specifically, whether it was a low, mid, or high range offence.

• A Low Range offence means a blood alcohol reading of 0.05 to 0.079
• A Mid Range offence means a blood alcohol reading of 0.08 to 0.149
• A High Range offence means a blood alcohol reading of 0.15 and above

It is common for those convicted of drink driving charges to lose their license or have it suspended, pay a fine, and receive a criminal record.

Those convicted of a mid or high range offence will have a mandatory interlock period. An Interlock is an electronic breath testing device linked to your car. If the device detects alcohol on your breath, you will not be able to start your car.

Although the court treats such offences very seriously, it is possible to have your drink driving matter dismissed with a section 10 dismissal. This refers to section 10 of the Crimes (Sentencing Procedure) Act 1999. This allows the court to find you guilty of an offence but not record a criminal conviction, meaning the offence will not appear on your criminal record.

Drug Driving

Similarly to drink driving, driving under the influence of prohibited drugs is also a very serious offence in New South Wales.

The police in NSW can administer a roadside drug test where they can test your saliva for any traces of illicit drugs. If the test does show evidence of an illicit drug, you will be required to undergo further testing. During this period of further testing you are not allowed to drive. If this secondary test also shows evidence of drug use, you will be charged with a drug driving offence.

Although the court treats such offences very seriously, it may be possible to have your drug driving matter dismissed with a section 10 dismissal. This refers to section 10 of the Crimes (Sentencing Procedure) Act 1999. This allows the court to find you guilty of an offence but not record a criminal conviction, meaning the offence will not appear on your criminal record.

Speeding

Speeding offences are a very common offence. In most instances speeding offences are dealt with by the Roads and Maritime Services who have authority to issue fines, hand out demerit points and suspend licenses.

If you disagree with the RMS, you can contest your penalty in court. However it is important to receive legal advice before deciding to contest a speeding matter in court. There may be other consequences to having your matter dealt with in court. If you are unsuccessful, you may have to pay a higher fine and pay court fees.

Should you require advice related to a driving offence please contact us on (02) 8379 1892.