Drink Driving Representation Lawyers In Sydney
Did you have a little too much to drink and now you are about to lose your licence? EBT Legal can defend you and achieve an excellent result including having the charges dismissed altogether with a section 10.
Fees for Drink Driving offences
We have a fixed fee for traffic, drink driving, licensing and all road related offences. We guarantee that you will be represented at court by the Principal Solicitor who is a senior qualified practitioner who has worked throughout NSW.
When you get a drink driving violation, you need the best DUI lawyers —ones who have the experience to represent you and minimise the charges. Drink driving is a specialised area of law and our DUI lawyers stay up to date with legislation and laws that impact your drink driving case. We thoroughly prepare every case, which is why we are so successful at achieving “section 10” no convictions for our clients charged with drink driving. We also have had great success helping our clients with a first drink driving offence avoid a conviction and licence disqualification.
When you’re facing a drink driving charge—whether it be Low Range PCA, Mid Range PCA or High range PCA— you need a lawyer that has a record of success in defending charges and minimising fines. We may even be able to help you avoid cancellation of your driving license and get you back on the road quickly.
Range for prescribed amounts of alcohol for drink drive (known as ‘DUI’) matters in NSW (under the Road Transport Act NSW 2013):
- Low Range (0.05-0.079) – First offence disqualified from driving from 3-6 months with a fine of $1,100
- Mid Range (0.08 -0.149) – First offence disqualified from driving from 6-12 months with a fine of $2,200
- High Range (0.15+) – First offence disqualified from driving from 12 months to 3 years with a fine of $3,300
- Special Range (0.02 -0.049) – First offence disqualified from driving from 3-6 months with a fine of $1,100*
*these are maximum penalties and are avoidable and discretionary. It is not a certainty that you will receive these penalties. ETB legal provides this as a guide to you.
Are you a first time offender ? They are penalised by considering a ‘first time offence’ or a ‘second’ or subsequent offence. Please consider your record and the offences of the last 5 years. The police will charge someone with this offence as a ‘first’ offence if you have not committed this offence in the last 5 years. However your FULL drive/traffic record will be submitted to the court and the Magistrate will see the whole of your record if you enter a plea of guilty or at the time you are sentenced.
Can you be imprisoned for drink driving offences? Yes. A mid range and high range drink driving charge allows a court to consider a period of imprisonment. This can be for a period 9 to 18 months for first time offenders.
Will you have a criminal record? All drink drive matters attract a criminal record ( this is separate to your traffic record) . The only way to avoid this is to seek a section 10 (see below). It is always best to seek legal representation as soon as possible.
Section 10, Crimes Sentencing Procedure Act NSW : commonly known as a ‘section 10’. This is a section that allows NSW matters to be dismissed. You may be in a position to seek a section 10, however a solicitor will need to advise you of your chances for seeking this remedy. Much depends on your record and personal circumstances, character, work situation and need for a license.
Unlike large law firms, we give you personalised attention. Our drink driving lawyers in Sydney will be there for you throughout your case—we’ll provide guidance on how to prepare your matter, what courses to complete and what references to obtain. We will even register you in the right Traffic Offenders Program while preparing for your hearing.
Our drink driving lawyers are Sydney’s best. No matter what the charge is, NSW-based ETB Legal can to represent you in your drink driving legal matter.
DUI Lawyers Sydney Guarantee
Your defence is important to us. Whether you are pleading guilty or not guilty, we guarantee that:
- We will prepare a solid defence and thoroughly ready you for court.
- We will be honest and respectful, and will make sure we earn your trust.
- We will disclose our fees in an itemized invoice, and will discus them with you before we engage in the task.
- We will provide a free initial consult to discuss your case.
- We will provide 24-hour access and advice directly with your lawyer.
Don’t wait another minute to get the legal representation you need. Call the drink driving lawyers in Sydney who can help on 0412 915 247. Your first conference is free.
DRINK DRIVING – LAWYER’S CASE STUDY
Here’s an example of why it is so very important to get a lawyer from the start. It could save you being disqualified from driving for 2 years.
If you get convicted of a drink driving offence, you then have a criminal record, even if its low range and you also have some disqualification period that usually starts at 3 months anywhere to 2 years depending on your record.
If you drive during the disqualification and are caught and convicted by a court (so found guilty or plead guilty and admit the offence), you will get a further 2 years on top plus possibly a fine and /or bond.
For people who hire a lawyer early on – you can get the whole offence dealt with by a section 10 and so the matter and the disqualification can all disappear but once you drive while disqualified, it may be too late to realistically get a section 10.
This is true and recent example of one of ETB Legal’s recent cases.
Tom has 2 beers instead of 1 in one hour with no food. He drives home after work and sees a RBT set up by the police near the bridge. He gets tested and the results show a really low reading of 0.059. This reading is enough so that Tom to is found liable to a charge of a low range drink driving offence (low range is from 0.05-0.079). Tom gets a court attendance notice.
Tom attends the Downing Centre court in Sydney without a lawyer and gets a fine plus 3 months disqualification form driving. Tom is now convicted of an offence and has a criminal record, not just a driving record.
*Ideally, Tom would have had a lawyer, obtained a section 10 with his excellent character records after demonstrating to the court that he is unlikely to reoffend with his clean criminal record.
One month later….
Tom works in an industry where his job requires him to work very late hours and one night he decides to drive the company car home. Police see him driving fast through an amber colored arrow that turns red. When they approach Tom, they check his license, and see that he is disqualified and give him a court attendance notice. This happens within 4 weeks of Tom receiving his Low range penalty.
Tom attends court and is facing a charge of driving while disqualified (first offence) as Tom has had an excellent record. But what Tom doesn’t realize is that he is about to face a mandatory 2 year disqualification because he has driven while disqualified and any alcohol related driving offence is considered a “major” offence in the law.
Had Tom hired a lawyer from the start he would have only received a monetary fine at worst for going through a red arrow. On appeal the Judge saw no reason to give Tom any leniency as only 9 per cent of offenders have managed to achieve this in NSW courts.
NSW driving laws are complicated and they are currently governed by The Roads and Transport Act NSW 2013.
(This information is as current as of November 2014)