No drink driving case too big or too small
Regardless of whether you have been issued with a penalty notice for a minor offence or you are facing a possible custodial sentence, Bainbridge Legal can provide you with the advice and representation you require.
At Bainbridge Legal we have a range of experience in all types of traffic matters including PCA offences, drink driving and habitual traffic offender declarations.
Penalties for drink driving offences
Section 10 – dismissal with no conviction
Bainbridge Legal has a reputation for achiving a high rate of ‘section 10′ dismissals without conviction for clients who have been charged with drink driving.
By virtue of the Road Transport (Driver Licensing) Amendment Act 2010, demerit points are only recorded against persons “convicted of an offence”. In other words, if you are fortunate enough to receive a section 10, you will not incur any demerit points.
A well drafted character reference can often greatly increase your prospects of obtaining a section 10.
Mandatory interlock program
From early 2015, courts in New South Wales are now required to make Mandatory Interlock Orders upon conviction of 'drive with high range PCA' and 'refuse or fail to provide a sufficient sample for analysis'. Mandatory orders also apply to second and subsequent offences for lesser offences. The consequences of such an order is that you will be both disqualified from driving and ordered to install an "interlock device" in your vehicle. After the initial disqualification period has been completed, drivers will be able to operate their car fitted with the interlock device, which is a breath alcohol measuring device. The interlock device prevents the engine of the vehicle from starting if the device detects alcohol on your breath. The device also maintains a log which can be extracted by authorities and may lead to further charges.
disqualification periods for PCA offences (first offence)
| PCA Offence | Fine (penalty units) | Imprisonment | Automatic Disqualification period | Minimum Disqualification period |
|---|---|---|---|---|
| Special range | 10 | N/A | 6 months | 3 months |
| Low range | 10 | N/A | 12 months | 6 months |
| Mid range | 20 | 9 months | 3 years | 12 months |
| High range | 30 | 18 months | 5 years | 2 years |