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Drive Whilst Suspended Charge Ends in no Disqualification

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Drive Whilst Suspended Charge Ends in no Disqualification

Recently we appeared before Burwood Local Court in a Local Court Sentence acting on behalf of a client who had been charged with driving whilst suspended.

Our client, a 48-year-old man, did not have an unblemished traffic history, one of which some 10 traffic infringements since obtaining his licence in 2014.

We were instructed to enter a plea of guilty to the charge and proceeded straight to Sentence. Our client was at risk of being disqualified from driving for 6 months.

At the sentence hearing, Mr Hardy-Clements tendered subjective material, such as character references and an apology letter, as well as making brief oral submissions on our client’s behalf.

Outcome: Conditional Release Order (CRO) for 12 months

After considering all the material before the Court and submissions from Mr Hardy-Clements, the Magistrate found our client guilty of the offence, however without proceeding to conviction and imposed a Conditional Release Order (CRO) for a period of 12 months. The CRO is subject to the standard conditions of good behaviour.

Our client was extremely happy with the result and our representation of him. Jameson Law is committed to every client’s matter, no matter the circumstances. We are experienced in all criminal and traffic matters. 

If you are in need of any expert legal advice or representation regarding traffic related matters, contact Jameson Law today.

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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

Policies for repeat offenders

Australia’s criminal justice system is complex, and sentences imposed for repeat offenders can vary across different states and territories. Additionally, laws and policies that are a part of the sentence imposed are subject to change. Because of that, it’s essential to consult the most recent legal sources or seek advice from legal professionals, such as those at Jameson Law, for the latest information. When choosing a law firm, consider factors such as their expertise in criminal law, experience with cases similar to yours, and a good reputation in the legal community. Jameson Law, like many law firms, may have lawyers with a deep understanding of the local legal landscape, including the specific laws to repeat offending. What is a repeat offender in Australia? In Australia, there’s a big problem with people who keep breaking the law again and again. We call them “repeat offenders.” These are individuals who have been in trouble with the law, and even after they’ve been punished, they go on to commit the same or similar crimes. The NSW Bureau of Crime Statistics tells us that about 60% of people who are let out of jail end up breaking the law again within two years. That number is even higher for younger people. Almost 80 per cent of juvenile offenders become a repeat offender for further offences within 10 years. Time and time again the same repeat offender is coming in front of the sentencing court. Reducing recidivism, or stopping people from committing repeat offences on separate occasions is an important part of a healthy society. In part, this may be coming from an overcrowding of our prisons. The NSW Prison Bureau recently published that the prisons currently operate at 112% occupancy. If someone commits two serious sexual offences or traffic offences on different occasions, they can be called a “repeat offender.” Even if the crimes these repeat offenders and habitual criminals commit aren’t as bad, they still have a big impact on our society, public safety, and how much we trust the legal system. A big reason why these repeat offenders act this way is because they face a lot of difficulties in their lives. Things like drug and alcohol addiction, mental health issues, not having the right skills for a job, and other problems play a role in why they keep breaking the law. It’s important to understand and address these difficulties to help them stop committing crimes and make our communities safer. Laws for repeat offenders In Australia, the law for repeat offenders in certain road-related offences is outlined in Section 4F(2) of the Road Transport (Alcohol and Drugs) Act 1977. According to this law, a “repeat offender” is defined as an individual who has been previously convicted or found guilty of a “relevant offence” at any time before committing the current “disqualifying offence.” A “relevant offence” includes specific offences related to alcohol concentration, drug presence, refusal to provide samples, and driving under the influence. Importantly, the person can be considered a repeat offender even if they were not convicted of a similar offence at the time of committing the disqualifying offence. Essentially, such offenders are people who have committed previous offences before they then commit another offence which is considered a ‘disqualifying offence.’ A disqualifying offence can be many things. However, a sentencing judge tends to see most traffic offences or similar offences as those that can count. A “disqualifying offence” encompasses various violations, such as driving with a prescribed concentration of alcohol or drugs, refusing to provide samples, and other offences specified in the Act or prescribed by regulations. Moreover, a “relevant offence” is broadly defined to include disqualifying offences, corresponding offences, or offences of culpable driving as per section 29 of the Crimes Act 1900. A “corresponding offence” refers to an offence against the laws of another jurisdiction that aligns with a disqualifying offence in New South Wales.   In a nutshell… You will be considered a repeat offender if you commit a second crime after being found guilty of one already. The crime doesn’t necessarily have to be the same, but it must be the case that the person committed certain offences on a separate occasions. Seek legal advice to avoid harsher penalties today! Consequences for repeat offenders Harsher Penalties: Repeat offenders often face more severe penalties, such as longer prison sentences and higher fines. Courts take into account the individual’s criminal history, which can influence the decision to impose a harsher punishment. For example, if someone has previously been convicted of a similar offence, the court may be less lenient and opt for a more stringent sentence to deter further criminal behaviour. Extended Probation or Parole: Repeat offenders may be subjected to longer probation or parole periods, during which they must adhere to strict conditions set by the court. This could include regular check-ins with probation or parole officers, mandatory drug testing, and compliance with specific behavioural requirements. The extended supervision aims to monitor the individual’s activities closely and reduce the risk of recidivism by providing necessary support and oversight. Driving License Disqualification: In cases involving traffic-related offences, repeat offenders may face more extended periods of license disqualification or even permanent revocation of their driving privileges. This consequence is especially relevant for offences such as driving under the influence (DUI) or reckless driving while speeding. Losing the ability to drive can have significant practical implications for individuals, affecting their employment, daily activities, and overall quality of life. Mandatory Programs: Courts may mandate repeat offenders to participate in rehabilitation or counselling programs to address underlying issues contributing to criminal behaviour. These function as a form of preventive detention for a repeat offender. These programs aim to provide support, address substance abuse problems, or tackle mental health issues that may be contributing factors to their relevant offences. The goal is to facilitate the offender’s rehabilitation, reduce the likelihood of future offences, and address the root causes of their criminal behaviour. These consequences highlight the comprehensive approach the legal system takes to address repeat offences, combining punitive measures

Policies for repeat offenders

Australia’s criminal justice system is complex, and sentences imposed for repeat offenders can vary across different states and territories. Additionally, laws and policies that are a part of the sentence imposed are subject to change. Because of that, it’s essential to consult the most recent legal sources or seek advice from legal professionals, such as those at Jameson Law, for the latest information. When choosing a law firm, consider factors such as their expertise in criminal law, experience with cases similar to yours, and a good reputation in the legal community. Jameson Law, like many law firms, may have lawyers with a deep understanding of the local legal landscape, including the specific laws to repeat offending. What is a repeat offender in Australia? In Australia, there’s a big problem with people who keep breaking the law again and again. We call them “repeat offenders.” These are individuals who have been in trouble with the law, and even after they’ve been punished, they go on to commit the same or similar crimes. The NSW Bureau of Crime Statistics tells us that about 60% of people who are let out of jail end up breaking the law again within two years. That number is even higher for younger people. Almost 80 per cent of juvenile offenders become a repeat offender for further offences within 10 years. Time and time again the same repeat offender is coming in front of the sentencing court. Reducing recidivism, or stopping people from committing repeat offences on separate occasions is an important part of a healthy society. In part, this may be coming from an overcrowding of our prisons. The NSW Prison Bureau recently published that the prisons currently operate at 112% occupancy. If someone commits two serious sexual offences or traffic offences on different occasions, they can be called a “repeat offender.” Even if the crimes these repeat offenders and habitual criminals commit aren’t as bad, they still have a big impact on our society, public safety, and how much we trust the legal system. A big reason why these repeat offenders act this way is because they face a lot of difficulties in their lives. Things like drug and alcohol addiction, mental health issues, not having the right skills for a job, and other problems play a role in why they keep breaking the law. It’s important to understand and address these difficulties to help them stop committing crimes and make our communities safer. Laws for repeat offenders In Australia, the law for repeat offenders in certain road-related offences is outlined in Section 4F(2) of the Road Transport (Alcohol and Drugs) Act 1977. According to this law, a “repeat offender” is defined as an individual who has been previously convicted or found guilty of a “relevant offence” at any time before committing the current “disqualifying offence.” A “relevant offence” includes specific offences related to alcohol concentration, drug presence, refusal to provide samples, and driving under the influence. Importantly, the person can be considered a repeat offender even if they were not convicted of a similar offence at the time of committing the disqualifying offence. Essentially, such offenders are people who have committed previous offences before they then commit another offence which is considered a ‘disqualifying offence.’ A disqualifying offence can be many things. However, a sentencing judge tends to see most traffic offences or similar offences as those that can count. A “disqualifying offence” encompasses various violations, such as driving with a prescribed concentration of alcohol or drugs, refusing to provide samples, and other offences specified in the Act or prescribed by regulations. Moreover, a “relevant offence” is broadly defined to include disqualifying offences, corresponding offences, or offences of culpable driving as per section 29 of the Crimes Act 1900. A “corresponding offence” refers to an offence against the laws of another jurisdiction that aligns with a disqualifying offence in New South Wales. In a nutshell… You will be considered a repeat offender if you commit a second crime after being found guilty of one already. The crime doesn’t necessarily have to be the same, but it must be the case that the person committed certain offences on a separate occasions. Seek legal advice to avoid harsher penalties today! Consequences for repeat offenders Harsher Penalties: Repeat offenders often face more severe penalties, such as longer prison sentences and higher fines. Courts take into account the individual’s criminal history, which can influence the decision to impose a harsher punishment. For example, if someone has previously been convicted of a similar offence, the court may be less lenient and opt for a more stringent sentence to deter further criminal behaviour. Extended Probation or Parole: Repeat offenders may be subjected to longer probation or parole periods, during which they must adhere to strict conditions set by the court. This could include regular check-ins with probation or parole officers, mandatory drug testing, and compliance with specific behavioural requirements. The extended supervision aims to monitor the individual’s activities closely and reduce the risk of recidivism by providing necessary support and oversight. Driving License Disqualification: In cases involving traffic-related offences, repeat offenders may face more extended periods of license disqualification or even permanent revocation of their driving privileges. This consequence is especially relevant for offences such as driving under the influence (DUI) or reckless driving while speeding. Losing the ability to drive can have significant practical implications for individuals, affecting their employment, daily activities, and overall quality of life. Mandatory Programs: Courts may mandate repeat offenders to participate in rehabilitation or counselling programs to address underlying issues contributing to criminal behaviour. These function as a form of preventive detention for a repeat offender. These programs aim to provide support, address substance abuse problems, or tackle mental health issues that may be contributing factors to their relevant offences. The goal is to facilitate the offender’s rehabilitation, reduce the likelihood of future offences, and address the root causes of their criminal behaviour. These consequences highlight the comprehensive approach the legal system takes to address repeat offences, combining punitive measures with

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