Charged with novice range drink driving can result in the loss of your licence, job, and travel plans, especially if you receive a criminal record. Our expert drink driving lawyers hold a proven success record of over 20 years in achieving section 10’s for their clients, successfully avoiding licence disqualifications and criminal records.
Your Options in Court
PLEADING NOT GUILTY
You can only be guilty of novice range drink driving if police can prove each of the following, beyond a reasonable doubt:
- You drove a motor vehicle; and
- Your blood or breath had an alcohol reading of 0.02 or less, at the time.
You will be found not guilty, and your charge dismissed, if police are unable to prove each of the above 2 elements of this charge.
It is still an offence to even occupy the driver seat of the vehicle if your attempting turn on the engine.
Defences to this charge
You are Not Guilty if:
- Police conducted the breath test on you while you were on your private property, such as your driveway.
- Police conducted the breath analysis on you more than 2 hours after you last drove.
- The vehicle was not “in motion” i.e. The engine was not on.
- Pharmacologist report: your alcohol reading would likely have been zero at the time of driving. This may apply to you if you consume your drink few moments before driving when then stopped and tested by police. This will depend on your weight, gender and other factors.
- Honest mistake: Where you honestly believed you were not intoxicated, and in circumstances it was reasonable for you to have held that belief. i.e. Your drink was secretly spiked with alcohol or drugs.
- The alcohol in your breath or blood was not caused by consuming an alcoholic drink or anything else, such as food or medicine, for purposes of consuming alcohol.
Your charge will be dismissed if any of the above defences to novice range drink driving apply to you.
On how to strengthen your best defence early, and convince police to drop your charge, speak to our team of senior drink driving lawyers now. They have successfully convinced police to drop charges early countless times for over 20 years.
Where pleading guilty to novice range drink driving, see the below tips on the best way to prepare your case to get the best possible chances at a s10, even after pleading guilty.
25% Discount on punishment
Pleading guilty early enough to novice range drink driving will get you a 25% discount on your punishment by the Judge. This will result in a more lenient, better result.
The later the plea of guilty is entered, the less the discount gets. For that reason, its important to get early advice for the best chances at a s10.
Traffic Offenders Program
Completing the traffic offenders program by the time you are sentenced can significantly improve your outcome in court. It certainly assists in getting closer towards avoiding a conviction and disqualification. Our senior lawyers can guide you to enrol into the best course.
Good character references
Gathering letters from family, friends, charity, work, letter of apology from you for handing to the Judge can improve your chances of getting a more lenient outcome.
To ensure you are in the best position for this, each letter should express your remorse, insight, shame and good character. Our senior drink driving lawyers can guide you in this. It is sometimes good to express your need for a license or effect of a conviction on your career.
Negotiate to drop charges
Getting a senior drink driving lawyer to analyse the evidence, pick out all the holes in it, and use that to negotiate with police to drop the charges can, and occasioning, does occur. Our team of senior lawyers have successfully achieved this countless times.
If any of the defences apply to you, strengthening it early can significantly improve the chances of your charge getting dropped early.
The police set of facts is initially drafted by police, and handed to the Judge to read. This document can often be one sided, reflecting you in the worst possible light than it should. This can include the manner of your driving at the time, your behaviour after being stopped, how many drinks you had etc. With a bad set of facts, you will likely receive a heavier punishment.
You can put a stop to this, and change the facts by thorough negotiations with police. This can change the facts to reflect you in a better light, attracting a much more lenient outcome. Our team often change the facts where needed.
Getting a strong court report from a psychologist or psychiatrist can dramatically improve your chances at avoiding a criminal record and disqualification.
For best chances at this, the report should express your explanation for driving, remorse, insight, shame, and any underlying mental illness at the time that may have effected your decision making. Our senior lawyers will guide you to the best suited expert for your case.
The following table tells you the maximum and minimum penalties for novice range drink driving. Keep in mind, the maximum is only given to the most serious offenders.
Licence Disqualification periods if convicted for Novice Range
|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||Interlock period not applied
|Interlock period not applied||Automatic: 6 months
Minimum: 3 months
|If you have a previous drink driving conviction in last 5 years||Minimum:1 month
Maximum: 3 months
|1 years||Automatic: 1 year
Minimum: 6 months
Maximum fine and imprisonment if convicted
|Maximum Imprisonment||Maximum Fine|
|If you have no drink driving conviction in last 5 years||Not Applicable||$1,100|
|If you have a drink driving conviction in last 5 years||Not Applicable||$2,200|
Types of penalties
The Court can give you any one of the following kinds of punishment for novice range:
- Section 10 Dismissal
- Conditional Release Order
- Community Correction Order
- Intensive Correction Order
- Full Time Imprisonment
To absolutely maximise your chances at avoiding a criminal record and loosing your licence, call our experienced team now for realistic advice and guidance on how to best prepare and present your case to the Judge. Our drink driving lawyers specialise in drink driving cases with over 20 years in exceptional outcome for novice range offences.