Question: How Do You Defend Yourself In Court For Drink Driving?

Can you get a 6 month ban for drink driving?

Being in charge of a vehicle while above the legal limit or unfit through drink.

Driving or attempting to drive while above the legal limit or unfit through drink.

A person could get six months’ imprisonment, an unlimited fine and a driving ban for at least one year (3 years if convicted twice in 10 years)..

How long have the police got to charge you with drink driving?

six monthsFor offences of Drink Driving and Driving without Due Care and Attention the police have six months from the date of the alleged offences in which to either charge your son or lay an information at court (i.e. lodge paperwork and request a summons).

How long does court take for drink driving?

How long will the hearing last? Hearings of this nature are normally fairly swift. 15 to 30 minutes is the norm.

Will I go to jail for high range drink driving?

A person found guilty of high range drink driving faces a fine of $3,300 for a first offence and up to $5,500 for a second or subsequent offence. This offence can attract a prison term of up to 18 months for a first offence and up to two years for a second or subsequent offence.

What is mid range drink driving?

Mid Range Drink Driving. The offence of mid range PCA is committed by a person who drives a motor vehicle on a public road with a blood alcohol concentration from 0.08 to 0.149.

How do I get rid of drink driving?

Police can take away your vehicle for 6 months if you drive while disqualified three or more times in a 5 year period. Some people can apply to the Local Court to ask for their disqualification periods to be removed from their driver licence.

Can you avoid a ban for drink driving?

It is possible to avoid a disqualification when convicted of drink driving if ‘special reasons’ not to endorse or disqualify can be successfully established. Any special reason put forward to the court asking them not to endorse or disqualify must relate directly to the commission of the drink driving offence.

Is it worth getting a solicitor for drink driving?

You should speak to a solicitor for drink driving if: Your breath alcohol reading is relatively high (90µg/100ml of breath or more), or there are aggravating features making the case more serious. You are at risk of a prison sentence. You are not confident enough to speak in court and put your case.

How can I get out of a drink driving charge UK?

There are 3 main ways that you can avoid a ban and one way that you can ask for the minimum ban to be reduced.Plead not guilty and get found not guilty at trial.Claim that there are special reasons not to disqualify you.Plead guilty to the alternative of being drunk in charge of a motor vehicle.More items…•

Do you have to go to court for drug driving?

You will be expected to attend Court and enter your plea at the first hearing. If you are pleading guilty then in most cases the court will impose your penalty that day. … If you plead not guilty to a drug driving offence, you can expect your case to take between 4 to 6 months to reach the trial date.

Can you still drive after being charged with drink driving?

Once the investigation is complete the police will usually detain you until you’ve “sobered up”. If charged with an offence you will most likely be released on bail and asked to appear in court in three to five weeks’ time. You will be allowed to drive once you’re under the prescribed limit.

Do I need a solicitor if pleading guilty?

If you are thinking about pleading guilty to an offence, you may wish to seek the advice of a solicitor first. A solicitor may also help you to put across your side of the story, which could also have an impact on the likely punishment that the court gives you. …

Should I plead guilty to drink driving?

In NSW (and indeed, in all of Australia), drink driving offences are treated very seriously. … In the vast majority of drink-driving offences, there is no benefit to pleading not guilty. Pleading guilty will result in a discounted penalty.

Is a drink driving Offence a criminal conviction?

Drink driving is a criminal offence, which means that you will get a criminal record if you are convicted. As well as coming with a criminal record, being convicted of drink driving means that you will be disqualified from driving and could even face prison in certain circumstances.