Charged with a mid range drink driving offence can effect your travel, job and family commitments from the possibility of loosing your licence and receiving a conviction. Our senior criminal defence lawyers specialise in drink driving cases, with over 20 years experience in successfully avoiding convictions, achieving s10’s, and allowing their clients to keep their license countless times.
Your Options in Court
PLEADING NOT GUILTY
You can only be guilty of mid range drink driving if police can prove each of the following elements, beyond a reasonable doubt:
- You drove a motor vehicle; and
- You had an alcohol reading of 0.08 or more, but less than 0.15 in your breath or blood at the time.
Your charge will be dismissed if police are unable to prove each of the above 2 elements.
Defences to this charge
You are Not Guilty if:
- The motor of your vehicle was off, and you were therefore not ‘driving’.
- Pharmacologist report: This is where an expert pharmacologist can say that your alcohol reading at the time of driving would have been less than 0.08. This can apply if you had a few quick drinks only a few minutes before you were stopped and gave a breath test to police. This depends on the time you gave the breath test, time you had your drinks, number of drinks you had, your gender, weight, height and any food consumed.
- Police conducted the breath test more than 2 hours after you drove. It is illegal for police to breath test you after that period of time.
- Police conducted the road side breath test on your private property. This includes your driveway. They are not allowed to stop and test you for alcohol on private property.
- You honestly believed you were not effected by alcohol, and in circumstances the Judge finds that your belief was reasonably held in the circumstances. i.e. Someone spiked your drink without your knowledge.
Your mid range drink driving charge will be dismissed if any of the above defences apply to your case. Speak to one of our senior drink driving lawyers on which defence may best apply to you. They have successfully convinced police to drop drink driving charges countless times over the years.
If pleading guilty to mid range drink driving, see the below critical tips and information on how to best present and prepare your case. This will maximise your chances at avoiding a criminal conviction, and allow you to keep your licence by achieving a section 10.
25% Discount on punishment
Pleading guilty early enough to mid range drink driving will land you a 25% discount on your punishment. This will result in a more lenient outcome, better chances of s10.
The later a plea of guilty is entered, the less discount you will get. For this reason, it’s critical to get early advice from an experienced lawyer.
Traffic offenders program
By enrolling and completing the traffic offenders program, before your sentence, can significantly improve your chances at getting a s10, allowing you to keep your licence and avoid a conviction.
Our principal Mr. J Singh specialises in drink driving cases, and lectures in these programs. We will guide you in the enrolment process.
Good character references
Getting letters from family, friends, charity, work and a letter of apology from you can improve your chances at avoiding a conviction.
The letters should express your good character, remorse, insight and shame. Significantly, it can also express your strong need for a license, and effect of a conviction. Our lawyers can guide you in the process.
Negotiate to drop charges
By analysing the police evidence, pick out all the holes in it, and then devise the best strategy to approach police when negotiating, you can improve your chances at getting the charge dropped early.
Our senior lawyers have successfully achieved this many times over the years.
By picking out all the holes in the police evidence, our senior lawyers have convinced police to change the set of police facts to reflect you in a more favourable light. This often leads to a more favourable outcome.
The set of facts is usually first drafted by police, read by the Judge, expressing your offending behaviour. Often this is one sided, making you look worse than it should, resulting in a heavier punishment. You can put a stop to this by negotiating before its read by the Judge.
Getting a powerful psychologist or psychiatrist report from a well respected expert can drastically improve your chances of avoiding a criminal record.
For best chances at success, the report should express your mental state at the time, explanation for your conduct, remorse, insight and shame. Our team of lawyers will hand pick the best suited expert to your case.
The following tables explain the maximum and minimum punishments the Judge can impose on you if you don’t receive a s10. It refers to fines, imprisonments and licence disqualifications.
Licence Disqualification periods if convicted
Compulsory Disqualification Period prior to Interlock Period Starting Interlock Period Where You Must Drive With Interlock Device Installed In Car Disqualification Period If Interlock Program Not Applied To You If you have no previous drink driving convictions in last 5 years Not applicable
Not Applicable Automatic: 1 years
Minimum: 6 months
If you have a previous drink driving conviction in last 5 years Minimum: 6 months
Maximum: 9 months
2 years Automatic: 3 years
Minimum: 1 year
Maximum fine and imprisonment if convicted
Maximum Imprisonment Maximum Fine If you have no drink driving conviction in last 5 years 9 months $2,200 If you have a drink driving conviction in last 5 years 1 years $3,300
The maximum punishments are only given to the most serious offenders, and is not often imposed.
Types of punishment
The Judge can give you any one of the following types of punishment, depending on the above points and way you present and prepare your case.
- Section 10 non conviction
- Section 9 good behaviour bond
- Community Service Order
- Section 12 suspended sentence
- Intensive Corrections Order
- Home Detention
- Full Time Imprisonment
Speak to one of our criminal defence lawyer specialising in drink driving cases. With over 20 years of experience, they know exactly how to prepare your mid range drink driving case, to maximise your chances at getting a section 10, to keep your licence and avoid a conviction.