Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It’s a bit like a doctor’s appointment in that respect. Drink and Drug driving cases will be heard in the Magistrates’ Court but the expert witnesses involved are regularly instructed in cases in both the Magistrates’ and Crown Courts. Posted November 21, 2014 by Motoring Offence Lawyers Legal Team. For that police have conducted breath tests. Call our friendly team on 0800 433 4678 or 0333 352 6800 to arrange a free consultation it could be the most important call you ever make. It might also because they need to have it tested. The sentence. Drink driving can be a complex area, so I decided to set up a specialist website dedicated to the different issues that can arise go to www.drinkdrivelawyer.net for more information. Sometimes it is possible to get a special licence to allow you drive before you go to court. A Magistrates’ Court will consist of 3 lay Magistrates, or a District Judge sitting alone. It could take up to 12 months for this to happen. Do I need to go to court if I have been charged with a driving or traffic offence? ---Speeding OffencesDrink Driving OffencesCareless Driving OffencesDangerous Driving OffencesInsurance OffencesAppealsOther, Select Driving OffenceSpeeding DefenceDrink DrivingDrug DrivingCareless DrivingDangerous DrivingDriving Without InsuranceMobile Phone UseOther Offences. The penalty will depend on your charge and when the offence happened. if you have been found guilty of a drink-driving or drug-driving offence before. You can also find more legal information at www.legalaid.vic.gov.au. The prosecution has to prove that you were driving a motor vehicle and that the alcohol reading was above the legal amount. There is another Magistrate Court in Brisbane known, very confusingly, as the Brisbane Magistrates Court … We get 3-4 calls a week from people who represented themselves in court and received extremely harsh penalties and need to try and appeal the result. Read our legal information about COVID-19 coronavirus. My alcohol reading was 84µg/100ml and police did not state how much cocaine was in my possession but that might be because there was an extremely small amount. It could take up to 12 months for this to happen. A charge sheet for drink driving will often list a time of the hearing as being before Court business starts to encourage people to turn up as early as possible many defendants are not renowned for their timekeeping. The magistrate refers to this in the courtroom. The date and time of the court hearing. While writing a letter to the court may soften the consequences for the offender, it does not lessen the seriousness of the offense. If you have been charged with drink driving, it is often a good idea to attend and complete courses relating to drink driving awareness and alcohol rehabilitation. If you have a bad traffic history, have previously been convicted of drink driving or are charged with mid or high range drink driving offence then a DUI or drink driving Lawyer is critical. There are four parts to the penalty for drink driving. WHAT TO DO IF YOUR LICENCE IS REVOKED BY DVLA. Do I have to attend the Court or can I … In the Brisbane Magistrates Court all drink driving matters begin at 9am and are generally heard in court 33 on level 7. Read Alcohol interlocks for more information about this and how to get a device removed. if the test for alcohol was taken more than three hours after you were driving. Your lawyer should find time to discuss the case with you before the hearing in one of the meeting rooms. This is one of those things that simply isn’t a problem, until it is. What happens in court may go on your criminal record as a driving conviction. This eBook is designed to help those people decide whether they should represent themselves on a drink-driving charge in New South Wales. If your case is listed for first hearing and you are represented, all that you will be required to do is confirm your name, address and date of birth and the plea you are entering. Whether you are guilty depends on the exact facts and circumstances of your case. To challenge this, you would need to show that the testing device was not working properly or was not used properly. What should I wear when I go to a Magistrates Court? RECEIVED COURT PAPERS FOR A MOTORING OFFENCE? Anyone who is driving, attempting to drive, or in charge of a motor vehicle, whether it be on the road or in a public place (for example a pub car park or a garage forecourt), may be required by the police to provide a breath test, in order to check that they are under the prescribed limit of alcohol. This means it is mandatory and the court has no choice. (Yes, four; complicated isn’t it!) You will be given a copy for your records. All drivers caught drink driving must have an alcohol interlock condition attached to their licence as a condition of being relicensed. There are no special licences that allow you to drive some of the time. an unlimited fine. If you plead guilty to the drink driving charge, the prosecutor will summarise the key facts of the case and your solicitor will mitigate on your behalf. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. For a second drink-driving offence, likely sentences can depend on, for example, how soon after the first offence it is. Usually the magistrate will give you a fine, up to 20 penalty units for your first offence. As well as the fine you’ll usually have to pay court costs. Go To Court Drink Driving Solicitors. How to represent yourself drink driving Many people who are charged with a drink driving offence decide not to contest the charge because they cannot afford a lawyer. In New South Wales it is an offence to have more than 0.05 in your system, unless you are a L or P plate … We use cookies to help improve your experience and our services. CONTRAVENING TRAFFIC SIGN, SIGNALS & ROAD MARKINGS. Going to court Going to court for a traffic offence means you are facing a criminal charge. It may also be a good idea to obtain character references from well-respected people you know such as an employer or old family friend. Bear in mind, however, that most court buildings do not open until 9.00am. If you have been charged with drink driving, there is a good chance the magistrate is not going to … Below are some links to the types of courses you should consider completing, depending on the severity of the charge/s you are facing: 1. This means that they can only be tried in the Magistrates’ Court. You will then be free to go and expected to appear at the court at the stated date and time on your charge sheet. Court processes: How driving offences are dealt with Overview of court processes for driving offences Driving offences are classified in the same way as other offences under the criminal justice system. From 1 December 2019 most people caught drink driving will have to go to VicRoads to apply to get their licence back after serving the minimum period of licence cancellation. A fine of up to £5,000. All drivers who are caught drink driving after 29 April 2018 must have their licence or permit cancelled if they have one. Causing death by careless driving when under the influence of drink. Posted November 21, 2014 by Motoring Offence Lawyers Legal Team. For information about going to court to get your licence back read Getting your licence back. I’ve listed below some common questions and answers. According to the Bureau of Crime Statistics and Research (BOCSAR), drink driving charges are some of the most commonly heard offences in local courts. You should wait outside the Courtroom for the usher to tell you to come into Court. This will usually appear on your VicRoads driving record but it may also go on your criminal record. Look at the ‘Details of the charge’ in your charge sheet to see what the police officer wrote about your offence. If this is your second offence in 10 years, the minimum period of disqualification is double. You can speak to us in English or ask for an interpreter. There are likely to be many cases in the Court list all scheduled for the same time. The Brisbane Magistrates Court is located at 363 George Street. Going to Court on a drink driving charge. If the magistrate cancels your licence and disqualifies you from driving, usually the disqualification will be back-dated to the date you got the immediate suspension notice. The suspension lasts until the date in the suspension notice or until your case is heard in court. providing a sample of blood or breath that exceeds the prescribed limit within 3 hours of driving (failing a blood or breath test), driving or being in charge of a motor vehicle, you were not the driver of the vehicle or. Who should I report to when I arrive at Court? If the Court convicts you of the driving offence, your licence will be disqualified. caught drink or drug driving before within the last 10 years. If it is the first hearing of a drink driving case, the Court will expect you to enter a plea. In most cases, the magistrate must cancel your licence and disqualify you from driving for a certain amount of time. The District Judge told him to go out and buy some trousers and shoes then come back to Court. The penalty will then be decided by the Magistrates. Specialist Motoring Solicitor, Ruth Peters, explains what will happen if you are required to appear in court for a drink driving offence.. An appearance in court is likely to result from an arrest for an offence of driving with excess alcohol. This means you must re-apply and be issued with a driver licence before you can drive again. Going to court for a drink driving offence. Find out how you can get help with traffic offences. A driving ban will only be imposed after conviction or if, in the event your case is adjourned, the court imposes an interim disqualification until the next hearing. The police can use the outcome of the breath test as long as they used the right procedure in carrying out the test. If you are required to drive with zero alcohol (such as a P plate drivers or taxi driver)and your BAC was less than 0.05 the magistrate must cancel your licence and disqualify you from driving for at least three months. The least serious type are “infringement offences”, which don’t give you… Call us today. Motoring Offence Lawyers Ltd is regulated by the Solicitors Regulation Authority Company number: 7497109. Between 3 and 11 points to be put on your licence. Yes! These programs are different depending on how high the driver’s BAC was and whether they had been caught drink or drug driving before. Legal Hotline open 7am-midnight, 7 days on 1300 636 846. Consequently, they may be unfamiliar of what is involved in the process of going to Court. Drink driving is totally out of character for me, will character references assist my case? Find legal answers, chat to us online, or call us. High range drink driving; or; Any offence involving a motor vehicle if the case was dealt with in the District or Supreme Court; or; Dangerous driving if the case was dealt with in the Magistrates Court. This is called an 'immediate suspension' even though it is not always immediate. Many people charged with drink driving, drunk in charge of a vehicle or failing to provide specimen for analysis are people of good character who have never been in trouble with the law before. Guilty Your Honour – Going to Court on a Drink Driving Charge. Alcoholics Anonymous: www.aa.org.nz 2. A Guide to Drink Driving in New South Wales Drink driving offences are whereby a person has more than a prescribed concentration of alcohol within their system. You can also go to prison for some driving offences. It’s a good idea to turn up as early as you can as this may result in your case being called on more quickly.
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