Drink Driving Offences

Have you been charged with a drink driving offence or driving under the influence of drugs? Then, you should contact us for the best advice and minimise the legal problems that can follow. Kalpage and Co Solicitors are an experienced firm of drink driving lawyers who will help you get the best results. Chris Kalpage has over 37 years of experience in dealing with these matters.

We have attained excellent outcomes for clients. If you want to obtain the best outcomes and avoid or minimise your disqualification period then you should talk to Chris Kalpage.

We value your time and also in this highly competitive market, give personalized attention to all our clients.

DRINK DRIVING AND DRUG DRIVING RELATED OFFENCES 

Part 1

In my many years of practice I have acted for numerous clients who have found themselves in trouble for the above category of offences. These matters are viewed by the courts very seriously however there are often circumstances where one can understand how it happened.

For example, it is not unusual to have clients who had a big night, were responsible in every respect having a designated driver or catching an uber or cab, but after a significant good night’s sleep and feeling refreshed get in their vehicle to go to work and have been pulled over and been over the limit. Similarly, people who have ingested illicit drugs may not realise how long certain drugs can remain in the system.

Essentially there are six categories of drink driving offences (Drive with illicit drug present will be addressed in another article) each having its unique range of consequences:

High Range

Mid-Range

Low Range

Special Range

Novice Range

Driving Under Influence

It used to be that all drink driving matters would see you before the courts however now with first time Low range, Novice Range or Special Range offences, police can issue you with an infringement notice and an immediate roadside 3-month suspension thus not necessitating a court appearance unless you wish to put certain issues before the court to avoid the suspension or the police decide to put you before the court. All other drink driving matters see you appearing before the court.

The nature of these matters can range in penalties from the relatively minor to the extremely serious which can include jail. There are various periods of automatic disqualification with minimum and maximum disqualification periods for each offence which can be influenced by the matters I list below and the application of the mandatory interlock program for certain of these offences.

The application of minimum disqualification periods or no disqualification period pursuant to a no conviction order can also be impacted by the matters listed below.

What I consider when preparing for this category of court case on a guilty plea though not exhaustive are these:

The facts of the incident:

When did the consumption take place. Was it a morning after incident or something far more onerous.

Were there any extenuating circumstances for the driving.

How did the person come to the notice of police. For example, being pulled over for an RBT is better in submissions than coming to the attention of police for some errant driving act like speeding, negligent driving, or having an accident etc.

The nature of the reading, was it low, mid or high range. Secondly within each of these categories was the reading at the upper or lower end. This will to some extent determine the nature of the penalty in terms of disqualification, chances of avoiding disqualification, fines and potential custodial implications. 

If the driving of the vehicle results in an at fault motor vehicle accident where insurance coverage is unlikely to cover the damage has any attempt been made to make restitution for damage to other vehicles.

The police fact sheet which may need to be considered and if appropriate, discussions had to amend the facts if inaccurate or contrary to client’s instructions.

The client’s personal matters:

The nature of the client’s traffic record or criminal record.

The personal circumstances of the individual. This can include everything from their life story to physical and mental health issues.

The client’s need for a driving licence.

What has the person done to ensure that this doesn’t happen again. 

For example, medical intervention if a repeat offender and the completion of the Traffic Offenders Program.

Good quality personal references.

The traversing of the complexities in this area requires careful preparation whether you are representing yourself or having a lawyer.

Chris Kalpage

Kalpage & Co 24/7 Solicitors - 24/7 Legal assistance for all driving and criminal matters. Call now if you've been arrested or need legal help. Call Chris Kalpage on 0418 211 074.

Suspended License NSW

There are many ways one can lose a drivers licence some examples are;

Suspension by Transport for NSW (TfNSW) formerly the RMS for a number of reasons some of them are:

• Demerit Points,
• Speed over 30 and 45,
• Habitual Offenders,
• Suspension by the police
• Disqualification by the Courts

It is imperative to seek legal advice as soon as any driving offence occurs to minimise this risk. Our principal Chris Kalpage has over 37 years of experience fighting for clients to prevent or minimise licence loss and travels to courts all over New South Wales to represent clients. We are highly experienced and compassionate and are committed to offering complete guidance to clients who are looking for speedy resolutions to their matters.

SEE CHRIS'S ARTICLES FOR MORE INFORMATION

Driver manner/Speed Dangerous

The offence of driving in a manner or speed dangerous is a criminal offence and is considered seriously by courts and which is reflected in the penalties. Often Police will charge a person who has been alleged to be speeding over 45 km/h with Drive Speed Dangerous.

PENALTIES

The maximum penalty is a fine of $2,200 and /or imprisonment for 9 months. If the offence is a second or subsequent offence, the maximum penalties increase to a fine of $3,300 and/or imprisonment for 12 months. A second or subsequent offence means that you have either been convicted of a previous offence of driving in a manner dangerous within the past 5 years or another earlier “major offence”, for example, drink driving, in the past 5 years.

Upon a conviction for this offence an automatic period of disqualification of 3 Years with a potential of a minimum of 1 year will follow unless a conviction is avoided.

SEE CHRIS'S ARTICLES FOR MORE INFORMATION

Apprehended Violence Orders

These are often combined with Charges of Assault pursuant to the Crimes Act, and Stalk Intimidate pursuant to section 13 (1) Crimes (Domestic and Personal Violence) Act 2007. If you are in a situation where you have an argument that escalates to a threat of physical violence or actual physical violence, these charges may flow with the AVO.

If arrested and charged for the above, bail may be granted, and often the bail conditions are the same as the AVO terms. The Police will often make a provisional order. The Court, in turn, can grant Interim Orders pending a final determination.

Arrested and Refused Bail

In situations where you have been arrested and refused bail by the police, you will often be put before the court at the earliest opportunity as you are being held in custody. Often on this appearance, you can make a bail application. Due to ever-changing and strict bail laws, you should seek legal advice and have a properly prepared bail application, for if rejected, you may not have a right to make another application. Depending on the facts of the alleged offences and your personal matters relevant to a bail application, your lawyer may suggest you not making a bail application on the first appearance and may want time to get as many relevant matters addressed before making a bail application to the court.

Road Rage

Today in the ever-increasing stress of traffic congestion and rush, events of aggression between drivers' of vehicles are more common. With the prevalence of mobile phone cameras and dashboard cameras, there is a high probability that either the participants in the altercation or bystanders will video the event. Accordingly, there are more charges arising from these incidents.

Even if the police decide not to lay charges of predatory driving, they can lay other charges such as Drive Manner Dangerous, Negligent Driving, or various assault charges.

 Such matters may proceed under the charge of predatory driving and, in addition to a fine, has a maximum penalty of 5 years imprisonment.

The types of driving caught by this legislation can include extremely aggressive driving, tailgating and road rage.

Street Racing and

Burnout Offences

Over the years I have had on many occasions to defend drivers and riders charged with street racing. But often objectively when the evidence is challenged there is little to support the charge. Often it is based on subjective elements that police say they observe, like the revving of engines, and the riders or drivers apparently looking at one another. The reality of the cases I have defended, have resulted from innocuous facts contrary to what you may have seen on TV and movies.

The legislation governing the range of offences are essentially contained in s115 Road Transport Act 2013, which states:

115 Races, attempts on speed records and other speed trials

(cf STM Act, s 40)

(1) A person must not organise, promote or take part in:

(a) any race between vehicles on a road, or

(b) any attempt to break any vehicle speed record on a road, or

(c) any trial of the speed of a vehicle on a road, or

(d) Maximum penalty: 30 penalty units (in the case of a first offence) or 30 penalty units or imprisonment for 9 months or both (in the case of a second or subsequent offence).

SEE CHRIS'S ARTICLES FOR CASE STUDIES

Dangerous Driving Cause Death/Grievous Bodily Harm

Dangerous driving occasioning death is satisfied if the vehicle driven by the driver is involved in an impact occasioning the death of another and the driver was, at the time of the impact, driving the vehicle:

(a) under the influence of intoxicating liquor or of a drug, or

(b) at a speed dangerous to another person.

(c) in a manner dangerous to another person.

A conviction for this offence could result in imprisonment for 10 years.

Aggravated dangerous driving occasioning death is satisfied if a person commits the offence of dangerous driving occasioning death in circumstances of aggravation.

A conviction for an offence under this subsection could result in imprisonment for 14 years.

Chris has extensive experience in investigating and defending serious accident cases.

SEE CHRIS'S ARTICLES FOR MORE INFORMATION ESPECIALLY IN RELATION TO RIGHT TO SILENCE

Mandatory Interlock System - Driving Offences

Commencing from 1 February 2015, there were amendments made to the act, which replaced the discretionary interlock program with a mandatory one and applies to all drink driving offences committed after 1 February 2015.

Under the new scheme, those on the program will be expected to have a zero (0) blood alcohol level while driving (previously .02)

WHO IS CAUGHT UNDER THE SCHEME:

All High Range PCA, Mid Range, Refuse or fail to provide breath analysis or fail to provide a blood sample.

Any second or subsequent offence of Novice PCA, Special PCA, Low Range PCA, and Drive Under the Influence ( DUI ).