Legislation in New South Wales currently dictates that there are strict limits in relation to drink driving offences and the Courts are taking an increasingly dim view of those who contravene that legislation.
Drink driving is a serious but not uncommon situation. We must remember that the Government considers that holding a Licence is a privilege rather than a right and the Courts are increasingly applying tougher penalties.
There is no offence of “drink driving” so to speak in New South Wales. Offenders are charged with the offence of drive whilst presence of prescribed concentration of alcohol in person’s breath or blood (PCA). The range of the offence will vary as per the reading recorded and the license held by the offender.
Obviously there are varying degrees of the offence and the Court has the power to make numerous orders when sentencing. It is open for the Court to impose the following penalties:
- Fine the offender
- Disqualify the offender from holding a license
- Order the offender to attend a Responsible Driving or Traffic Offender Program
- Order the offender perform a period of Community Service
- Order the offender complete periodic detention and
- Full time prison.
At Bateman Battersby Lawyers Penrith our experienced team of Lawyers can assist you with all aspects of your matter including:
- Advising whether to enter a plea of Guilty, or defending the Charge, and what steps need to be taken to prepare your case
- Upon entering a plea of Guilty in relation to the offence
- Appearing at Court with you
- Running a Defended Hearing if appropriate
- Offering general advice.