Drink Driving Offence
A 22-year-old individual has been charged with a mid-range drink driving offence in New South Wales. The incident occurred during a family outing, where the individual intended to drive home after consuming only water for several hours but was found to have a blood alcohol concentration of 0.11 during a random roadside check. This charge could potentially impact their employment as a delivery driver and an upcoming internship, as both require a valid driver's licence. The individual has shown remorse and commitment to responsible driving by completing a traffic offenders course and is interested in applying for a restricted licence if their licence is suspended. A character reference outlining their good conduct and responsible past behaviours was offered as part of their defence.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the potential penalties for a mid-range drink driving offence in New South Wales, and how might these affect the individual's ability to continue working as a delivery driver?
In New South Wales, penalties for a mid-range drink driving offence can include a fine up to $2,200, automatic licence disqualification for a minimum of six months, and possible imprisonment for up to nine months. These consequences can significantly affect the individual's ability to work as a delivery driver and impact their internship, both of which necessitate a valid driver's licence. Moreover, there may be financial difficulties paying educational fees without income from these roles.
Are there any legal defences available in this case that could potentially reduce the charges or penalties?
Potential legal defences may include challenging the accuracy of the breathalyser results or the methodology used during the roadside testing. If any errors occurred in the process, the charges could potentially be reduced. Additionally, an emphasis on the individual's good character, their clean driving record, and proactivity in attending traffic offenders courses could be used to argue for leniency. Highlighting that the driving behaviour appeared normal could also suggest that the reading may not accurately represent impairment levels.
How can the reference letter provided positively influence the court's decision on sentencing?
A reference letter can significantly sway the court's decision by showcasing the individual's positive attributes and circumstances. By highlighting the clean driving record, ongoing commitment to responsible driving, and the fact that they planned to use alternative transportation methods when intoxicated, it presents a picture of a responsible individual who understands the offence's severity. Such references can humanize the individual, potentially leading to more lenient sentencing.
Is it possible to apply for a restricted or work licence that would allow for continued employment if the licence is suspended?
In New South Wales, application for a restricted or work licence is feasible, known as an 'interlock exemption order,' if the licence is suspended due to a mid-range drink driving offence. This arrangement permits driving under specific conditions necessary for employment. Successful applications typically hinge on the offence's nature and the requirement for a licence to sustain employment.
What steps should be taken before the court hearing to demonstrate remorse and commitment to responsible driving in the future?
To demonstrate commitment to responsible driving, further actions could include attending an alcohol education program, acquiring character references from employers, or participating in community service focused on road safety. Such proactive measures will reinforce the sincerity of remorse and commitment to behavioural change, potentially influencing the court's perspective.
