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Criminal Law Blog NSW

A driver who was disqualified from driving as a P-plater has been caught supposedly drink-driving twice in the same night in the western suburbs of Sydney.

The unnamed 24-year-old from Campbeltown was apprehended at approximately 11.30 pm on Monday while driving his car on the Hume Highway.

The offender was escorted to Liverpool Police Station and recorded a blood alcohol level of 0.152%. Subsequently, as a disqualified driver, he was released on conditional bail after being charged with a high range drink driving offence.

Not long after, on Campbeltown Road, the same man was seen out driving again. He was stopped and taken to Liverpool Police Station when his blood alcohol reading was found to be 0.099%. As a result of his arrest, the man received a mid-range drink-driving charge, a charge for driving while disqualified and a further charge for breaching bail.

Any further bail was denied and his court appearance in the Liverpool Local Court was set for Tuesday.

The New South Wales laws regarding drink driving attract severe penalties as this is the only way that the safety of pedestrians, passengers and other road users can be guaranteed.  Drinking and driving do not mix and many people who flout the state’s strict drink driving laws kill and seriously injure New South Wales citizens every year.

In these circumstances it would have been more sensible to take the keys away from the driver, but in NSW the police are not able to confiscate a motor vehicle from anyone who has been charged with a high range drink driving offence. In this case the police had to resort to putting the man in jail to stop him driving on the road while drunk.

A repeat offender is likely to attract a maximum penalty for a high range drink driving offence, which currently stands at a $5,500 fine, 24 months in prison and a 2 year licence suspension at the very minimum.

As this man has some serious charges laid against him he will need an experienced NSW drink driving lawyer to represent him in court. 

In this case there might be some extenuating circumstances that have caused the offender to take to the road again while still drunk. These are often only revealed by an experienced drink driving lawyer when the court appearance takes place. The prosecution s eager to record a conviction and will not look behind the scene to find what motivated the driver to break NSW drink driving laws.

In some circumstances the Court may order a “section 10 dismissal.” This is a situation when you plead guilty but a conviction does not take place so you avoid the label of a criminal convict or licence disqualification.

In many cases, though, a conviction does take place and the penalty imposed will depend on the amount of blood alcohol found. This could be a fine, licence disqualification and in serious cases or for repeat offenders a spell in jail or an order to take part in community service. The Campbeltown man will have a lot to answer for and avoiding the highest penalties will require a lawyer to argue aggressively on his behalf.

Our Principal Solicitor at CM Lawyers, Ms. Christine Manolakos has been involved in Family Law Matters for period of over fifteen (15) years.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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