NSW DUI Incident
A person is facing charges for drink driving and hit and run following an incident in New South Wales in 2024. At the time of the incident, the individual's blood alcohol content (BAC) was 0.160, and their driver's licence is currently suspended. There were two witnesses to the event, but no injuries or additional property damage were reported. The individual has no previous convictions related to drink driving and has not filed an insurance claim.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the potential penalties for drink driving and hit and run in New South Wales?
In New South Wales, drink driving with a BAC of 0.160% falls under high-range PCA (Prescribed Concentration of Alcohol) offences. Penalties may include a fine up to $3,500, imprisonment for up to 18 months, and a mandatory licence disqualification starting at 12 months, plus an interlock period. For the hit and run, penalties can involve fines, imprisonment, and extended disqualification, depending on whether there were any aggravating factors or injuries. Prior offences may influence penalties, though it appears there are no previous drink driving incidents. Engaging a solicitor promptly can help manage potential consequences.
How can I prepare for my upcoming court hearing, and what should I expect?
To prepare for your court hearing, ensure you have all relevant documents organized, such as any character references and a statement of remorse, if applicable. Consider consulting a lawyer urgently, as legal representation can significantly impact your defence strategy and outcome. During the hearing, expect the magistrate to review the facts, including your BAC level and the presence of witnesses. Be prepared to discuss any mental health issues that affected your actions, as this may influence sentencing.
Are there any defences I can consider based on the circumstances of my case?
Possible defences may involve challenging the accuracy of the BAC reading, particularly if there were issues with the testing process. Additionally, if the police did not follow proper protocol during the arrest, this may also serve as a defence. If mental health concerns were present at the time of the offence, mitigating factors may influence sentencing rather than the conviction itself.
What impacts could this case have on my driver's licence and insurance, and how can I mitigate these consequences?
The impact on your driver's licence could include disqualification or a longer suspension due to the high BAC and involvement in a hit and run. Insurance premiums are likely to increase, as insurers view drink driving incidents as high-risk. To mitigate these consequences, enrolling in a traffic offender intervention program may demonstrate your commitment to rehabilitation and positively influence the court's view on sentencing.
Should I consider pleading guilty or not guilty based on the evidence, and how might this affect my case's outcome?
Deciding whether to plead guilty or not guilty involves assessing the evidence and potential outcomes. The high blood alcohol content and witness presence suggest that a guilty plea may result in more lenient sentencing, reflecting remorse and cooperation. A not guilty plea could be an option if there are valid defences, but may prolong proceedings and increase legal costs.
