Drink Driving Law Information

Generally, whenever you plead guilty to a traffic offence the Court a penalty and records a conviction. In case the court records a conviction you will have a criminal record and you may loss your license. However, if your lawyer is able to convince the Court not to convict you (Section 10 order), there would be no penalty, no loss of licence, and no criminal record.

Section 10 provides a Magistrate special powers to deal with a defendant depending on the circumstances of the offence and the particular circumstances of the offender including his previous criminal record and driving record.

When an offender comes before a Magistrate, an application is made to the Magistrate to deal with the matter under Section 10, and if the Magistrate accepts the application then the Magistrate will not convict the offender for the offence although the charge is proved or the offender pleads guilty. When no conviction is recorded then no disqualification of the licence will be Ordered by the Magistrate.

Obtaining a Section 10 is not a straighforward application and Magistrate will rarely grant such an application in Presence of prescribed concentration of alcoholoffences (PCA). For high and mid range PCA offences, it is rarely if ever granted. In low range PCA offences it has good chances of success if the offender has an excellent driving record, and depending on the circumstances of the offence and the personal circumstances of the offender.

Our drink driving lawyers will advise you of the potential penalties and provide you with no obligation all inclusive fixed fee quote. Their services can, help you to minimise the legal charges against you and they will represent your case in court .

Criminal Lawyers Brisbane , Criminal lawyers Sydney ,Criminal lawyers Melbourne