When facing a drink driving charge, you'll encounter crucial decisions regarding your plea. Understanding your options can significantly impact the outcome of your case.

‍Pleading Guilty:Opting to plead guilty in a traffic case involves admitting to the charges put against you. While this acknowledgment may result in a conviction, it can convey remorse to the court. Expressing genuine remorse, cooperating with authorities, and demonstrating a commitment to addressing the issue may be pivotal in influencing the court's perception.

Importantly, pleading guilty can lead to more favourable sentences or alternative penalties with the help of your defence lawyers presenting the relevant mitigating factors involving your case. 

‍Pleading Not Guilty:
‍Choosing to plead not guilty means challenging the drink driving charges, placing the burden on the prosecution to prove your guilt beyond a reasonable doubt. This decision initiates a trial where your defence strategy can involve scrutinising evidence, questioning the credibility of witnesses, and presenting an alternative narrative. 

A successful defence could result in an acquittal, clearing your name of the allegations. Seeking legal guidance is vital when considering a not guilty plea, as an experienced defence lawyer can assess the strength of the evidence specific to your stalking and intimidation case.

We understand that when charged with a criminal offence, you will be going through many emotions and stressors in your life therefore, the last thing you want to do is worry about legal fees.

The cost of a criminal lawyer depends on the complexity of the case, expertise of the lawyer and quality of legal representation that you will receive.

At Faraj Defence Lawyers, we are specialised criminal lawyers and to assist our clients, we offer fixed fees for all matters and also offer a ‘pay as you go’ system for our clients to assist them in the course of their matter, as opposed to asking for all legal fees upfront.

A drink driving charge can last on your criminal record for a period of 10 years in NSW, however with the use of a section 10 dismissal or a conditional release order without conviction, you are able to avoid having a formally written conviction and leave the courtroom with your record unblemished. 

The only circumstance where a Court is restricted from granting a Section 10 dismissal or a CRO non-conviction to a drink driving offender is if the offender has previously received such a dismissal or non-conviction for any of the specified offences within the last 5 years from the date the court determines the current drink driving offence. According to section 203 of the Road Transport Act 2013 (NSW), these offences include

• Drink driving.

• Drug driving (driving with illicit drug in your oral fluid, blood, or urine).

• Driving or attempting to drive while under the influence of alcohol or drugs.

• Menacing driving.

• Failing to stop and assist after impact causing injury, or failing to stop and assist after vehicle impact causing grievous bodily harm or death under section 52AB of the Crimes Act 1900 (NSW).

• Refusing or failing to submit to an alcohol or drug test.

• Altering concentration or amount of alcohol or drugs in your breath or blood.

• Negligent driving causing grievous bodily harm or death.

• Furious driving, reckless driving, or driving at a speed or manner dangerous to the public.

Faraj Defence Lawyers can assist you in securing a Section 10 for drink driving charges by meticulously analysing the details of your case and presenting a strong, persuasive argument in court. Our experienced team understands the nuanced factors considered for a Section 10, including the circumstances of the offence, your character, and steps taken for rehabilitation. We collaborate closely with you, gathering evidence and guiding you through the legal process. With a successful track record in achieving Section 10 outcomes for clients, our commitment is to advocate for your rights and present a compelling case tailored to your specific circumstances, increasing the likelihood of a favourable court decision.

An interlock is a device which is installed into your vehicle and essentially prevents the vehicle from being started where the presence of alcohol is detected in your breath sample. You are required to blow into the device before starting the vehicle. Where an interlock is ordered by the court, you are required to have it installed prior to commencing driving after you have completed your disqualification period.

Requirements of the interlock program include:

• Go to your GP for an assessment to obtain a drink-less medical certificate. This must be done within the last 4 weeks of your disqualification period.

• Have an interlock device installed into your vehicle by an approved provider.

• Blow into the device and register a nil alcohol reading to start the vehicle.

• Blow into the device and register a nil alcohol reading at random times while you are driving your vehicle.

• Drive no other vehicle while in the program unless that other vehicle also has an interlock device.

Exemptions to the mandatory interlock program are rare and are only granted in circumstances such as where:

• You do not have access to a vehicle in which to install an interlock device,

• You have a medical condition which prevents you from providing a sufficient breath sample to operate an interlock device, or

• The making of an interlock order would cause severe hardship and it would be more appropriate to make an exemption order (note; this factor is only applicable for first offence midrange drink driving).

The Act specifically states that an exemption order should not be granted merely due to that:

• You cannot afford the costs of installing an interlock device,

• You will be prevented from driving a vehicle in the course of your employment,

• You have access to a vehicle but the registered owner refuses to consent to the installation of the interlock device

Break and enter offences can be successfully defended in two ways.

• The police agree, through representations of your lawyer to have the charge dismissed early; or

• The court finds you not guilty of the offence.

At Faraj Defence Lawyers, we look at the evidence closely to determine the best case scenario for our client and whether there are any grounds to have the charges dismissed early, to save our clients time, stress and legal costs.

If the police do not withdraw the charge early and your matter needs to be defended in court, the following defences can be raised:

• Self defence

• You did not in fact, break into the property (false allegation, you were allowed into the property)

• You did not intend to break into the property

• Duress or necessity

• Mental illness

• Events that occurred in the course of every-day life (accidents). Is it breaking and entering if the premise was unlocked?
  

In sentencing offenders of high range drink driving, the court has developed a guideline judgement of factors they will consider. Guideline judgments are decisions by the court to provide judges or Magistrates with guidance in relation to how they ought to sentence offenders. 

The guideline provides that a non-conviction will rarely be appropriate in ordinary cases, and that the automatic disqualification period should be imposed if there are not valid reasons toreduce it such as needing your licence for employment or having a lack of alternative transport. The lowest penalty that will generally be imposed is set out as being convicted, fined and subject to a good behaviour bond.

This does not mean that you cannot receive a more lenient penalty. More lenient penalties may be applied depending on the specific circumstances of the case.

The guideline sets out how high range drink driving will be considered ‘aggravated’ incircumstances including where:

• There was a collision (i.e., with other cars, a person, property),

• You were driving in an erratic or dangerous way,

• It involved a long journey for an extended period,

• Your degree of intoxication,

• There were other passengers in the car.