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Drink Driving

Arrested for drink driving? Jameson Law offers expert defence strategies. Protect your licence. Contact us for immediate assistance.

Defending Against DUI Charges

Defending Against DUI Charges

Defending against a drink driving charge in Australia can be daunting. In New South Wales (NSW), the law takes a firm stance on drink driving, with Section 112 of the Road Transport Act 2013 outlining the offence of Driving Under the Influence (DUI). Penalties can include imprisonment, license disqualification, fines, and the installation of interlock devices. However, defences such as the “honest and reasonable mistake” or challenging police procedures, like the “two-hour rule,” can lead to successful outcomes. Seeking help from a traffic defence team, such as Jameson Law, can provide expert guidance through the legal process, potentially resulting in dismissals or conditional release orders without convictions. DUI Legislation in NSW In New South Wales (NSW), the law takes a firm stance on drink driving, and the main rule is found in Section 112 of the Road Transport Act 2013. This section defines the offence of Driving Under the Influence (DUI), where it’s illegal to drive or attempt to drive a car while influenced by alcohol or drugs. The term ‘drug’ here includes prohibited drugs, substances that can mess with your normal thinking or physical abilities, or any other substances outlined by the rules. That means a DUI arrest The consequences for a DUI offence vary based on whether it’s your first major traffic offence in the last 5 years. Penalties can include imprisonment, losing your license, fines, and even having to install an interlock device in your vehicle. There are also defences available, like if you genuinely didn’t know you were affected or if you were forced to drive due to an emergency. If you find yourself facing these charges, seeking help from a traffic defence team, such as Sydney Criminal Lawyers, might be a smart move. They can guide you through the legal process and explore options like dismissals or conditional release orders without convictions. Understanding these rules helps everyone play a part in keeping our roads safe. What a DUI Defence Attorney can do If you find yourself facing a DUI (Driving Under the Influence) charge in Australia, hiring a skilled DUI defense attorney can be a crucial step in navigating the legal complexities and minimizing the potential consequences. A knowledgeable DUI lawyer possesses a deep understanding of the specific laws governing drink driving in Australia, ensuring that you receive expert advice tailored to your case. Firstly, a DUI lawyer can assess the evidence against you and identify any potential weaknesses or errors in the prosecution’s case. They are adept at challenging the reliability of breathalyzer or blood test results, questioning the legality of the traffic stop, and examining the procedures followed by law enforcement officers during the arrest. This thorough scrutiny often forms the basis of any strong DUI defenses. Furthermore, a DUI attorney can guide you through the legal process, explaining the potential outcomes and assisting you in making informed decisions about a drink driving offence. They may negotiate with the prosecution for reduced charges or penalties, aiming to secure the best possible resolution for your case. Additionally, in situations where alternative sentencing options are available, such as diversion programs or rehabilitation, a skilled attorney can advocate for these alternatives, potentially sparing you from severe consequences like license suspension or imprisonment. Overall, the expertise of a DUI attorney plays a crucial role in safeguarding your rights, minimizing penalties, and navigating the legal intricacies associated with a DUI charge in Australia. Contact Jameson Law today for your best chance of fighting a drink driving charge. Remember, we are in it to win it! Prescribed Alcohol Limits It is incredibly important to understand the limits on what a driver’s blood alcohol content can be. This better helps us understand the severity of drink driving charges that he or she will face. NSW has three blood alcohol limits for drivers: zero, under 0.02 and under 0.05. The limit that applies to you depends on your licence and the type of vehicle you are driving. In New South Wales (NSW), the Road Transport Act 2013, outlines various drink driving offences based on prescribed concentrations of alcohol in a driver’s breath or blood. Section 198 of the Act categorizes these concentrations into different ranges: Novice Range: Offence: Learner or provisional driver with a blood alcohol concentration between 0.001 and 0.019. Special Range: Offence: Learner or provisional driver with a blood alcohol concentration between 0.020 and 0.049. Low Range: Offence: Driver with a blood alcohol concentration between 0.05 and 0.079. Mid-Range: Offence: Driver with a blood alcohol concentration between 0.08 and 0.149. High Range: Offence: Driver with a blood alcohol concentration of at least 0.15. These prescribed limits are crucial in determining the severity of the offence and drunk driving charge. Notably, the effects of alcohol on driving are substantial, impacting response time, decision-making, spatial judgment, multitasking ability, alertness, and balance. Drink driving contributes significantly to road accidents, with approximately one in seven fatal crashes in NSW linked to alcohol. NSW enforces three blood alcohol concentration (BAC) limits: Zero BAC: Applicable to learner drivers, provisional 1 and 2 drivers, and visitors holding certain licenses. Under 0.02: Applies to drivers of heavy vehicles, those transporting dangerous goods, and drivers of public vehicles such as taxis or buses. Under 0.05: The general limit for most drivers. Since June 28, 2021, NSW introduced stricter penalties for combined drink and drug driving offences, highlighting the serious consequences of mixing alcohol and illicit drugs while operating a vehicle in New South Wales. Because of this, it is incredibly important to make sure that you manage your blood alcohol level to avoid a drink driving charge. The affect that alcohol can have on an individual’s blood alcohol level varies from person to person. It is important to remember the effect that this will have on any breath alcohol testing and subsequent blood alcohol reading that might take place. For a further breakdown of case studies where Jameson Law has helped clients, check out this article here. In a nutshell… The blood alcohol level that will pass

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Drink Driving Sentence Significantly Reduced

Our Senior Solicitor, Nicholas Hardy-Clements, represented a 50-year-old woman at Moss Vale Local Court in relation to the following traffic offence: Drive with a medium range of prescribed concentration of alcohol (mid-range PCA), pursuant to Section 110(4) of the Road Transport Act 2013. Our client was driving a motor vehicle on a public road when she was found to have a blood alcohol concentration above 0.08 and less than 0.15. She instructed Mr Hardy-Clements to enter a plea of guilty at the earliest opportunity. Accordingly, Mr Hardy-Clements proceeded to sentence and sought a reduction of the penalty supported by character references, completion of the traffic offender program and medical material.   Speak to a lawyer today For an offence that carries a maximum fine of $2,200, our client was fined a sum of $660. Furthermore, Mr Hardy-Clements also was successful reducing the automatic licence disqualification of 12 months to 3 months. For the vast majority of mid-range PCA offences, unless a mandatory interlock exemption applies, the offender is subject to the mandatory interlock program for a period of 12 months. The program involves fitting an electronic breath testing device on your car, which prevents the vehicle from starting unless you provide a zero-alcohol breath sample. In this case, the offender was subject to the mandatory interlock program for a period of 12 months. We congratulate our team and our client on achieving this outcome. If you have been charged with an alcohol-related driving offence, please do not hesitate to contact our office today.

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1 month disqualification for Low-Range Drink Driving

Successful Outcome for Low-Range Drink Driving Offence Our solicitor, Stephanie McClelland, represented a young male at Hornsby Local Court in relation to the following offence: Driving motor vehicle with low range PCA- second or subsequent offence pursuant to section 110(3)(a) of the Road Transport Act. The case involved our client being signalled to stop for a random breath test in North-West Sydney. At this time, he informed Police that he had finished his last drink 30 minutes prior to being stopped. He returned a reading of 0.092 and was placed under arrest and conveyed to Hornsby Police Station for a breath analysis. The analysis produced a reading of 0.074 grams of alcohol in 210 litres of breath. Our client informed Police that he had consumed approximately 4 Pints of full strength craft beer and a schooner of Super Dry during the day and night, and that his last eaten meal was before midday. He was issued with a Field Attendance Notice. The Court’s Decision Our client entered a guilty plea for the above charge. On sentence, Ms McClelland made submissions regarding our client’s otherwise good character, an explanation for his actions, and the circumstances of the offence. Submissions were also made regarding our client’s workplace situation and his need for a licence. Character references, an apology letter, and the completion of the Traffic Offenders Rehabilitation Program completed upon our advice, were also submitted. The Magistrate was satisfied with the submissions made. Our client was disqualified from driving for the minimum period of 1 month, and was directed to participate in a mandatory interlock program for a period of 12 months pursuant to section 211 of the Road Transport Act 2013. This was a commendable outcome. This case demonstrates the importance of outstanding representation. Stephanie ensured the case was prepared and presented thoroughly and in a way the Court would consider all relevant circumstances in favour of our client on sentence.

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Section 10 And 6-Month Disqualification For High Range Drink Driving

Arrested for high range PCA driving Our client is a single mother from north-west Sydney was signalled to partake in a mobile breath test where she recorded a positive result. Her breath analysis later returned a result of 0.211, and she was subsequently arrested for high range PCA driving. She disclosed to the police that she had consumed approximately 13 standard drinks by 9am on the day of the incident, and 3 bottles of vodka were found in her vehicle. Our client is the recipient of a Gastric Sleeve surgery and was advised by her doctor that she would likely absorb alcohol faster. She also had not eaten anything in the lead up to the incident. Our Submissions Submissions were delivered to the court regarding her remorse and accountability, guilty plea, the significance of the matter being the first offence, her initiative to address the offence to ensure no future reoffending, and her unfortunate personal circumstances including that she is a single mother who raised her children on her own for 30 years, the impact of the passing of her own mother whom she had a close relationship with, and her assistance to other family members related to alcohol recovery. She also wrote an apology letter to the court under our instructions which was viewed favourably, and her character reference from her doctor outlined her commitment to treating the condition by way of engaging in therapy and regular sessions with a psychologist. Favourable Outcome Our client received a favourable outcome, including a 6-month licence disqualification and a conditional release order pursuant to s10 of the Crimes (Sentencing and Procedure Act) 1999.

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