This is when the Magistrate will decide on the most appropriate penalty to impose on you after hearing any further evidence you wish to produce for the sentence. Thanks, Fouad for being such a compassionate & thorough professional and… (read full review), So I got myself into a bit of mischief earlier this year... after searching and searching for a decent lawyer I came across CDLA, I had Tayla Regan Representing me… (read full review), Tayla Regan represented me and got me the perfect result against all odds. Amendments to the NSW Road Transport Act 2013 mean that drivers who are now detected with a low range alcohol reading of between .05 … Mr Fouad represented me with all the commitment, energy, information, compassion that I felt myself very well… (read full review), When I am mentally stressed, Tayla and the team helped a lot and “balanced” unfairness negotiating with the officers and in front of the court. It is a highly beneficial course in preparation for a drink driving sentence. section 224 Road Transport Act 2013 (NSW), 1 to 2 days TORP Traffic Offenders Rehabilitation Program, section 268(6) Road Transport Act 2013 (NSW), section 212 Road Transport Act 2013 (NSW), section 10 dismissal or Conditional Release Order without conviction, section 10 Crimes (Sentencing Procedure) Act 1999 (NSW), ‘how to avoid a criminal conviction after pleading guilty in court’, section 203 Road Transport Act 2013 (NSW), Division 2 of Schedule 3 of the Road Transport Act, New Laws on Drug Driving and Mobile Phone Use in NSW. The penalties, consequences or punishment for drink driving in NSW varies depending on the type of drink driving charge you face, the BAC reading, your traffic record, whether you … There will be little to no risk of you re-offending. You can refuse to give a sample of breath or blood if an authorised sample taker, such as a doctor or nurse, objects to taking a sample due to concerns that it would be dangerous to your health. A tough new penalty regime in NSW … accident, swerving, running through red traffic light or breaking any other traffic rules). Conviction with a community service order, or a more serious punishment would be appropriate. It is illegal to drink alcohol while driving a motor vehicle in NSW. This means, he won’t be able to drive until about noon the next day. Generally, 10g of alcohol is considered a standard drink. If you plead ‘not guilty’ to a drink driving offence in court, the Judge or Magistrate will adjourn your case to another court date for hearing. You were travelling a long distance, or you intended to do so. This has a $457 fine with 3 demerit points. New South Wales Magistrates have a large range of penalties and sentences at their disposal when dealing with a drink driving related offence. The BAC starts to increase after consuming alcohol, and often continues to rise for up to 2-hours after you stop drinking. You have a good traffic record, and you’re of prior good character. This is the case even for a low range offence where the driver is a first offender. It is illegal to drink alcohol while driving. You were not detected due to the manner of your driving. If you have been physically unable to give a breath analysis earlier, police can direct you to provide a blood sample to determine the concentration of alcohol in your blood. It would take over 16-hours for Bob to bring his BAC back down to zero. Conviction with community service order would be more appropriate. To demonstrate the magnitude of the prevalence of this offence, a Queensland police survey revealed that from the 3.65 million breath tests it conducted, more than 22,000 people were caught drink driving. Participating and completing an accredited NSW traffic offenders intervention program (TOP) by the time your case is listed in court can significantly improve your sentence outcome to avoid a criminal conviction and keep your licence. A loss of licence will significantly inconvenience you. Objective features here, is when the sentencing Judge or Magistrate looks into factors such as the reason you drove while intoxicated, the number of people in the vehicle with you at the time, the distance you were travelling while drunk, the extent of your BAC reading, and whether there was any unusual driving that caused police to breath test you at the time (i.e. A ‘major offence’ includes any one of the following offences: A low-range, novice-range or special-range drink-driving offence will still be considered a ‘second or subsequent offence’ if: If you’re subject to the mandatory interlock program, the Court can exempt you from participating in the interlock program under section 212 Road Transport Act 2013 (NSW) if: Otherwise, you will not be exempt from participating in the interlock program if: A successful drink driving defence will result in the drink driving charge being dismissed by the Court or withdrawn beforehand through negotiating with police. ? ” penalties, NSW Government introduced updated drink and drug driving.... 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