From 20 May 2019, if you are caught drink driving the Police can either issue an infringement notice (an on the spot fine) or a Court Attendance Notice (a notice requiring you to go to court) for the offence of Low Range Drink Driving (that is, a Blood Alcohol Concentration of 0.05 to 0.079). If you receive an infringement notice you will also receive a 3 month licence suspension, either immediately from the Police or a short time later from the RMS. The on-the-spot fine is $561.00.
A licence suspension can have detrimental effects on your life, including your family, loss of your job, financial hardship and even relationship problems as a result of the stress that comes with this situation.
If you receive a court attendance notice, or you choose to take the matter to court, the maximum penalty for this charge depends on whether you are a first offender (in that case, 20 penalty units) or a second and subsequent offender (30 penalty units). At the time of writing this article, 1 penalty unit = $110.00. If the court records a conviction, they must make a disqualification order. For a first time offender, the automatic disqualification period is 6 months. This disqualification period can be reduced, but it cannot be reduced below the minimum period of 3 months.
If you have received a Court Attendance Notice, or you have received an Infringement Notice and you’re considering electing to go to Court, you should seek legal advice.
At Turnbull Legal Solutions we can provide you with advice on what you should do next and the information that needs to be presented to the Court for the best possible outcome for you. We offer a fixed fee for all sentencing matters in the Local Court which means there are no hidden surprises. Contact Turnbull Legal Solutions today for a no obligation consultation to discuss your legal matter.