Drink Driving Matter in NSW
A client reached out regarding an infringement they received related to a drink driving offence in New South Wales approximately one year ago. They are seeking information about resources or services that can assist with their case. The focus of the discussion is on gathering necessary details to provide relevant assistance.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkIs there any opportunity to appeal a drink driving conviction from an incident that occurred a year ago?
You may have the chance to appeal a drink driving conviction in New South Wales, but specific time frames and grounds apply. Generally, you must file an appeal within 28 days of the decision. If valid reasons exist for missing this deadline, such as unforeseen circumstances, you may request an extension up to three months from the original court decision date. Appeals can be based on errors of law, factual errors, or new evidence that could influence the case's outcome.
What are the potential penalties for a drink driving infringement in NSW?
In New South Wales, penalties for drink driving vary by offence level. For a low-range offence, penalties can include a fine of up to $2,200 and a licence suspension of 3 to 6 months. For mid-range offences, the penalties may involve fines up to $2,200, potential imprisonment of up to 9 months, and automatic licence disqualification for 6 to 12 months. High-range offences carry more severe penalties, including fines up to $3,300, imprisonment of up to 18 months, and disqualification periods of 12 months or more.
Could this drink driving offence affect my driver's licence status or result in a suspension?
A drink driving offence in New South Wales can significantly impact your driver's licence status, possibly leading to suspension or disqualification. The consequences are contingent upon factors like blood alcohol concentration (BAC) and whether it's a first-time offence. For instance, a low-range offence typically results in an immediate three-month licence suspension and a fine.
What steps should I take to prepare for a court appearance regarding this infringement?
To prepare for a court appearance regarding a drink driving infringement in NSW, consider these steps: 1. Legal Representation: Engage a lawyer experienced in drink driving cases. 2. Documentary Evidence: Gather relevant documents such as character references and proof of any rehabilitation programs. 3. Understanding the Offence: Familiarise yourself with the specifics of your charge. 4. Financial Preparation: Be ready for potential fines. 5. Character Presentation: Be prepared to address your character in court. 6. Dress Appropriately: Wear professional attire suitable for court.
Are there any available legal defences or mitigating circumstances that might apply to my case?
In drink driving cases in NSW, legal defences or mitigating circumstances can be important. Possible defences include questioning breathalyser or blood test accuracy, demonstrating procedural errors by police, or proving that driving was necessary due to an emergency. Mitigating factors might include having no prior offences or presenting evidence of personal challenges.
Should I contact the court directly to find out about outstanding fines?
Yes, you should contact the State Debt Recovery Office (SDRO) in NSW to inquire about any outstanding fines related to your drink driving infringement.
What if I don't have the penalty notice?
If you don't have the penalty notice for your drink driving infringement, contact the relevant authority in NSW to request a copy. They can provide specific details of the notice.
