| » Telephone +61(0)2-9419-6355 » Fax +61(0)2-9419-8795 |
|
Drink Driving and traffic infringement legal matters
Arnotts Sydney drink driving lawyers represent defendants in drink driving, motor vehicle and traffic infringement matters.
According to the RTA, drink driving contributes to around 20 percent of all fatal accidents in NSW. This results in the deaths of over 100 people every year. Further, most drink drivers involved in fatal crashes across NSW are male (88%) and aged under 40 (75%). Most of these drivers crash in their local area. In country areas of NSW there are more than twice as many fatal drink driving crashes than in metropolitan areas, despite country areas having much smaller populations. In fact, 72 percent of all fatal drink drive crashes occur in country NSW.
The law imposes serious penalties for these matters, Arnotts Sydney lawyers are experienced in defending charges brought for low, mid ranged and high range prescribed content of alcohol (pca) matters.
In New South Wales, for high range drink driving matters, Courts can award fines of up to $5,500. There are also gaol terms that may be applicable. The penalties and gaol terms applicable will vary according to a range of factors, and will generally decrease when the defendant's blood alcohol level is lower. The other thing to consider with drink driving is the suspension of the defendant's drivers licence. Licences can be suspended by the Court for a significant time. This can have an effect on the defendant's livelihood, especially where the drivers licence is needed for work purposes.
Our Sydney drink driving lawyers have experience in deliving both guilty and not-guilty pleas on behalf of our clients.
Police can stop drivers at random to test for alcohol. They can also arrest drivers found to be over the legal limit. In addition, persons involved in car accidents may be subjected to a blood alcohol test.
The normal procedure is, depending on the blood alcohol level, that the defendant will be conveyed to a police station to make a statement after being arrested. The police will subsequently issue a statement of facts and a court attendance notice requiring the defendant to appear at the Court.
Before going to Court it is advisable to seek legal representation. Generally, a drink driving lawyer will be able to prepare a defense that can produce favourable results. There is a considerable amount of work involved in preparing a high quality defense and it is therefore advisable to seek legal advice at the earliest stage possible. In certain exceptional circumstances, it may even be possible to have the charges dismissed.
We can provide efficient, responsive and cost effective legal services for clients charged with drink driving and other traffic management matter.
Currently (as at May 2007), the penalties for Prescribed Content of Alcohol (PCA) offences in New South Wales are as follows:
| PCA offence | Penalties | First Offence | Second or subsequent offence |
High range PCA OR Refuse a breath analysis, hinder or obstruct taking of a blood sample, wilfully alter the concentration in the blood. |
Maximum court- imposed fine | $3,300 | $5,500 |
| Maximum gaol term | 18 months | 2 years | |
| Disqualification | |||
| -minimum | 12 months | 2 years | |
| -maximum | Unlimited | Unlimited | |
| -automatic* | 3 years | 5 years | |
| Immediate licence suspension | Yes | Yes | |
| Mid range PCA (Blood alcohol concentration of 0.08 to less than 0.15) |
Maximum court- imposed fine | $2,200 | $3,300 |
| Maximum gaol term | 9 months | 12 months | |
| Disqualification | |||
| -minimum | 6 months | 12 months | |
| -maximum | Unlimited | Unlimited | |
| -automatic* | 12 months | 3 years | |
| Immediate licence suspension | Yes | Yes | |
Low range PCA OR Novice range PCA OR Special range PCA |
Maximum court- imposed fine | $1,100 | $2,200 |
| Maximum gaol term | N/a | N/a | |
| Disqualification | |||
| -minimum | 3 months | 6 months | |
| -maximum | 6 months | Unlimited | |
| -automatic* | 6 months | 12 months | |
| Immediate licence suspension | No | No |
Contact Arnotts Lawyers for urgent assistance with your drink driving or PCA charge:
Telephone: +61(0)2 9419 6355
Facsimile: +61(0)2 9419 8795
E-mail: sydneylawyers@arnotts.net.au
Postal: 1st floor, 9/22 Thomas Street, Chatswood New South Wales 2067 Australia
DX: DX 29602 CHATSWOOD
Liability limited by a Scheme approved under Professional Standards Legislation.