Pleading Guilty
Court Case
Lawyers Sydney

Drink Driving Court Cases - Low Fee Lawyers

With Offices in Western Sydney - Parramatta - Liverpool - Blacktown - Penrith - Ryde - Campbelltown

Gerard Malouf & Partners drink driving lawyers are a team you want on your side when you have had an accidental run in with the law. Let’s face it, these days it is common to have a drink or two after work, on weekends or at social events. However if you’ve recently been arrested for drink driving, you need to act fast. We at Gerard Malouf & Partners understand that you can’t afford to lose your license, your job, your lifestyle or even your loved ones. The ramifications of drink driving affect everyone, not just you, and so you need a professional and dedicated legal team to fight for you and protect your rights. Give us a ring today for a free consultation and solid legal advice.

Types of Drink Driving Offences

Under the Road Transport (Safety and Traffic Management) Act 1999 (NSW), there are 2 types of drink driving offences in which you could be charged under:

1. Driving Under the Influence (DUI) – s12
2. Prescribed Concentration of Alcohol (PCA) – s9

Usually, police will charge you with PCA because more often than not, they will have a precise blood alcohol reading via breath testing. If however the police do not have a reading, then they will charge you with DUI. This is the case if you refused to be tested, there was a technical problem, or another reason why a reading could not be obtained. Do note however, that refusal of a breath test or blood analysis are offences in themselves. If refused, you may be arrested and required to undergo breath analysis. A certificate signed by an authorised officer as to a person's alcohol reading is prima facie evidence of it and a certificate outside the 2 hour time limit is generally inadmissible.

These days there are very few DUI offences as this is the older charge and has been superseded by PCA offences.

It makes sense that the more alcohol is in your blood, the severer the penalty will be. If your offence was in the lower range and you have a good record, there is a good chance that you will not receive a criminal conviction. If however your offence was in the higher range, generally you will be fined and your licence will be suspended. A criminal conviction may also be recorded.
It is generally appreciated there are five different categories of PCA offences including novice range, special range, low range, middle range and high range.

Whether or not you wish to plead guilty to the drink driving offence you are charged with, it is crucial that you get legal advice and fast. If you have been caught with drink driving and there is no doubt about that, more likely than not you will enter into a plea of guilty. We at Gerard Malouf & Partners are able to present your case appropriately in advance to ensure that all evidence is provided to the court on the day, and that all action needed to prepare your case well is indeed taken care of.

Section 10

A section 10 dismissal is basically the power of the presiding magistrate to find you guilty of the drink driving offence, but to discharge you without recording an actual conviction. We will make such an application on your behalf if your offence is a relatively minor one. Moreover the presiding magistrate may award the section 10 dismissal if you enter into a good behaviour bond, or if you complete a traffic offenders program.

Additionally you can further better your chances of seeking a section 10 dismissal if you provide us with character references from members of the community, friends or work colleagues. The purpose of such references is to present to the presiding magistrate your full case, which is not just limited to the criminal conviction, but to your personal character, your work ethic, your work history, any community involvement and personal achievements.

Contact the Drink Driving Lawyers for help.

Our offices are conveniently located throughout Sydney, including, North Parramatta, the CBD, Chatswood, Penrith, Campbelltown and Blacktown. Ring us now to make an appointment at a convenient office near you.

Pleading Guilty in a Drink Driving Case? - Contact Gerard Malouf & Partners Pleading Guilty Lawyers in Sydney for compassionate service & experienced legal advice on 1300 774 275.