Level 1,299 Elizabeth Street Sydney NSW 2000
Click Here to call: Tel (02) 80657884
We have appeared in hundreds of drink driving and drug driving matters in Local Courts all over the Sydney metropolitan area as well as the outer suburbs and country Courts as far away as Gosford and Woolongong . In NSW, police have the powers to stop drivers at random to test for alcohol consumption. If you are asked by police to undertake a breath test and subsequently obtain a reading that is higher that your allowed Prescribed Concentration of Alcohol (PCA) limit, you are likely to be arrested and charged with one of the following:
Blood Alcohol Levels
There are several ways that you may have a drink driving charge dismissed against you or possibly reduce the charge, eg. a High Range PCA to a Mid Range or having a Mid Range PCA reduced to a Low Range:
If you reach or exceed the limit for demerit points within a 3 year period, your licence will be suspended.
Read more about demerit points.
Police may immediately suspend and confiscate your licence for the following offences:
Police can suspend and confiscate a licence either on the spot or within 48 hours of a person being charged or issued a penalty notice for a relevant offence. This means you may have to arrange for your vehicle to be collected by someone else.
Where a person is charged by police with one of the offences, the suspension will remain until the offence is heard by a court. If you are convicted and disqualified by the court, the court will take the period you have served under suspension when imposing the disqualification period into account.
If you are issued with a penalty notice for a lower range drink driving offence, the suspension will apply for 3 months.
If you are issued a penalty notice for speeding in excess of 45 km/h over the limit, the suspension will apply for six months.
If you hold a learner or provisional licence and are issued a penalty notice for speeding in excess of 30 km/h but not more than 45 km/h over the limit, or a learner driver driving unaccompanied by a supervising driver, the suspension will apply for a three months.
Camera-detected excessive speed offences are not included in the immediate licence suspension scheme. Roads and Maritime Services may apply a suspension following payment of the penalty notice.
You have the right to appeal the immediate licence suspension at a local court.
You must lodge the appeal with a court within 28 days of being issued the suspension notice. You can file online, or go to a NSW local court. A fee is payable to the court when lodging an appeal.
Unless the court in the meantime orders otherwise, you must not drive unless the court upholds your appeal.
Demerit points and fines also apply to speeding offences.
If you are a visiting driver and do not hold a NSW driver licence, your permission to drive in NSW can be withdrawn under the same provisions.
See Visiting NSW for more information about driving in NSW on an interstate or overseas licence.
If a court disqualifies you from driving, your licence will be automatically cancelled.
Disqualified from driving means you cannot drive a vehicle at all until the period of disqualification or cancellation has expired and a licence is reissued.
There are heavy penalties for driving while disqualified or cancelled, including jail terms.
Multiple disqualifications for unauthorised driving offences will be able to run concurrently, unless otherwise ordered by the court.
A driver licence suspension issued by the police for certain serious driving offences will start immediately and before any other suspension on the licence.
Drivers who have long disqualification periods may be able to apply for their disqualification periods to be lifted by the court. See Licence disqualification reforms for more information.
Police can impound vehicles and confiscate number plates from drivers who continue driving unlicensed or disqualified.
Vehicles will be impounded for a period of three months when a disqualified driver is caught exceeding the speed limit by more than 30km/h.
Police will also impound a vehicle for six months when a disqualified driver commits an offence.
Number plates can also be confiscated for three or six months depending on the offence.
The Habitual Offender Scheme has ended. Evidence showed the scheme did not meet the needs of the community.
Click this link to read the Guideline Judgment which guides the Courts on how to approach sentencing a person convicted of High Range Drink Driving: High Range Drinking Driving Guideline Judgement.htm
The NSW Traffic Offender's Intervention Program
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From 20 May 2019, tougher penalties apply for lower range drink driving offences, and for driving with the presence of an illicit drug.
The change is part of a number of reforms in the Road Safety Plan 2021 to reduce alcohol and drug related trauma on NSW roads.
If you reach or exceed the limit for demerit points within a 3 year period, your licence will be suspended.
Read more about demerit points.
Police may immediately suspend and confiscate your licence for the following offences:
Police can suspend and confiscate a licence either on the spot or within 48 hours of a person being charged or issued a penalty notice for a relevant offence. This means you may have to arrange for your vehicle to be collected by someone else.
Where a person is charged by police with one of the offences, the suspension will remain until the offence is heard by a court. If you are convicted and disqualified by the court, the court will take the period you have served under suspension when imposing the disqualification period into account.
If you are issued with a penalty notice for a lower range drink driving offence, the suspension will apply for 3 months.
If you are issued a penalty notice for speeding in excess of 45 km/h over the limit, the suspension will apply for six months.
If you hold a learner or provisional licence and are issued a penalty notice for speeding in excess of 30 km/h but not more than 45 km/h over the limit, or a learner driver driving unaccompanied by a supervising driver, the suspension will apply for a three months.
Camera-detected excessive speed offences are not included in the immediate licence suspension scheme. Roads and Maritime Services may apply a suspension following payment of the penalty notice.
You have the right to appeal the immediate licence suspension at a local court.
You must lodge the appeal with a court within 28 days of being issued the suspension notice. You can file online, or go to a NSW local court. A fee is payable to the court when lodging an appeal.
Unless the court in the meantime orders otherwise, you must not drive unless the court upholds your appeal.
Demerit points and fines also apply to speeding offences.
If you are a visiting driver and do not hold a NSW driver licence, your permission to drive in NSW can be withdrawn under the same provisions.
See Visiting NSW for more information about driving in NSW on an interstate or overseas licence.
If a court disqualifies you from driving, your licence will be automatically cancelled.
Disqualified from driving means you cannot drive a vehicle at all until the period of disqualification or cancellation has expired and a licence is reissued.
There are heavy penalties for driving while disqualified or cancelled, including jail terms.
Multiple disqualifications for unauthorised driving offences will be able to run concurrently, unless otherwise ordered by the court.
A driver licence suspension issued by the police for certain serious driving offences will start immediately and before any other suspension on the licence.
Drivers who have long disqualification periods may be able to apply for their disqualification periods to be lifted by the court. See Licence disqualification reforms for more information.
Police can impound vehicles and confiscate number plates from drivers who continue driving unlicensed or disqualified.
Vehicles will be impounded for a period of three months when a disqualified driver is caught exceeding the speed limit by more than 30km/h.
Police will also impound a vehicle for six months when a disqualified driver commits an offence.
Number plates can also be confiscated for three or six months depending on the offence.
The Habitual Offender Scheme has ended. Evidence showed the scheme did not meet the needs of the community.
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