TRAFFIC AND DRINK DRIVING OFFENCES

Traffic offences, including drink driving and licence matters and appeals, are common to many of our clients and are the most common offences which are dealt with by Local Courts. Our team is highly experienced in traffic law and we regularly attend all Local Courts in the Sydney area and assist clients with their traffic-related queries.

We would be happy to speak with you about any general enquiries that you may have, the prospects of your matter, a potential plea and/or sentencing options. We have represented clients in relation to drink driving matters, driving while licence suspended, dangerous driving, negligent driving and speeding offences. Please contact us to discuss your matter.

Low Range Drink Driving 

Low-range drink driving is an offence of driving with a prescribed concentration of alcohol in your system with a reading of between 0.05 and 0.08.

Licence Disqualification

If you are convicted of the offence of low-range drink driving, the Court can impose a licence disqualification for the following period:

Mid-Range Drink Driving 

Mid-range drink driving is an offence of driving with a prescribed concentration of alcohol in your system with a reading of between 0.08 and 0.150.

Licence Disqualification

If you are convicted of the offence of mid-range drink driving, the Court can impose a licence disqualification for the following period:

Mandatory interlock order

If you are convicted of the offence of mid-range drink driving a mandatory interlock order will be made by the Court. A mandatory interlock order requires your vehicle to have an interlock device installed for a period of 12 months.

Interlock devices are an electronic breath testing device which is linked to the ignition system of your motor vehicle. Before a person can drive, they will have to complete a breath test on the interlock device to start the car. A person convicted of a drink driving offence and subject to the mandatory interlock order will have to pay to install the device in their vehicle and the cost can range between $2,200.00 to $2,500.00, depending on the licensed provider you attend.

In limited circumstances a person can apply for an interlock exemption order if the Court is satisfied that an offender does not have access to a vehicle to install an interlock device, or that the offender has a medical condition diagnosed by a registered medical practitioner that prevents the offender from providing a sufficient breath sample to operate an approved interlock device. However, in most cases a mandatory interlock order will be made.

If a mandatory interlock order is made the minimum licence disqualification is 3 months and the maximum licence disqualification is 6 months. This means, if you receive the minimum licence disqualification of 3 months, you will serve this disqualification off the road and after this time you will have the interlock device installed in the car for the next 12 months.

Preparing for Court for a drink driving matter

We recommend that you:

1. Enrol in and complete a road traffic offenders program. This is a certified course that is recognised by the Court and it is essential you complete this prior to the resolution of your matter.
2. Prepare a letter of apology. This is opportunity to express your remorse and show insight in relation to the offence you have committed. Remorse can be taken into account as a mitigating factor on sentence by the presiding Magistrate and your letter is an opportunity to speak to the Court.
3. Character references. Obtain 3-4 character references from people who can:

• Confirm that they are aware that you have been charged with the offence of mid range drink driving.
• Confirm who they are and what their relationship is to you.
• Describe your character and the person they know you to be.
• Any relevant background information about you.
• Describe any remorse you have expressed since discussing this incident with that person.