DRINK AND DRUG DRIVING OFFENCES

Things To Consider When Going To Court

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 seriously by the courts. 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.

The article as written is for your information and interest only. It is not intended to be comprehensive and does not constitute and must not be relied on as legal advice. Please be aware that every case is different and the matters I am raising may not be of specific relevance to your situation but may have a general application and you must seek specific advice tailored to your circumstances. I will also gladly talk to anyone on the phone if confused or want clarification.

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.