Not Happy with your Drink Driving Sentence? It is understandable you may not be satisfied with a Magistrates decision with respect to your drink driving matter. If this is the case, you have the right to appeal to the District Court. There are some key things you need to be aware of. Is There a Time Limit to File an Appeal? Absolutely. For drink driving matters, you have 28 days from the date of the decision (or sentence) to lodge an appeal in the District Court. This must be observed as seeking to extend that time is only possible with the leave of the Court. Where Do I Lodge My Appeal? Your appeal must be lodged with the District Court, Criminal Division. There is a special form that needs to be completed and signed by you. Click here for a list of Registries in NSW. (http://www.districtcourt.justice.nsw.gov.au/districtcourt/contactus.html) How Much Does Filing An Appeal Cost? Aside from legal costs, the District Court charges a filing fee when you apply to have the District Court review your sentence. Currently, the filing fee in NSW is $108.00. Click here to all current filing fees. (http://www.districtcourt.justice.nsw.gov.au/districtcourt/forms_fees_crim.html) How Long Does The Matter Take To Be Heard? It depends on the Court, but generally, most drink driving appeals are heard within 6 weeks from the date of filing the appeal. What Happens in the Appeal? Your matter is referred to a Judge who will review all the evidence and hear from you about why the sentence should be reduced. It is important to note that you need to be properly prepared and have all the relevant documentation you seek to rely on such as references, medical evidence and submissions to name a few. Don't Leave it to Chance. Appeal can result in reduction or dismissal of convictions. However, you should get legal advice about your matter before considering an appeal. Call the team at Antwan Lawyers now to explore your appeal options now on 1300 268 926.

Repeat Offender What is a Repeat Offender? A repeat offender with respect to a driving offence, is a person whom is convicted for a second or subsequent major offence within a period of 5 years from their last offence. What is a Major Offence? A major offence, for the purposes of traffic matters, is defined in the Road Transport Act 2013 NSW . Amongst other major offences, a prior major offence includes a previous conviction of: 1. Drink driving offence; 2. Drug driving offence; 3. Refusal or failure to submit to test, analysis or assessment; 4. Refusal or failure to provide samples or preventing sample taking; 5. Wilful introduction or alteration of concentration or amount of alcohol or other drugs; 6. Negligent, furious or reckless driving; 7. Menacing driving; 8. Failing to stop and assist after impact causing injury; 9. Wounding or grievous bodily harm with intent; 10. Reckless grievous bodily harm or wounding; 11. Injuries by furious driving; 12. Predatory driving; 13. Police pursuits; and/or 14. Dangerous driving and/or navigation. The above list is not exhaustive. For more information about your prior convictions and if there are considered a major offence, ring Antwan Lawyers now for a confidential discussion. How Will the Court Treat My Prior Serious Office? It is important to note that if you are a repeat offender, the Court will treat you differently. One example of this is a repeat offender is not entitled to be afforded leniency of a section 10 conviction order if they have previously been afforded a section 10 for a similar matter in the last 5 years. This means that you may have a conviction recorded against you, be subject to a period of disqualification as well as other penalties. How Can We Help? We understand that having a prior conviction can be daunting. We can help you with preparing your matter and making submissions to argue for a reduction of any disqualification period or any other punishment that the Court may deem fit in the circumstances. To get assistance, ring us now on 1300 268 926.

FAQs Archive - Drink Driving Lawyers & Solutions Sydney NSW

What is a Section 10

What is a Section 10? A Section 10 is a special discretionary power that the Magistrate hearing your matter can exercise. That power is to dismiss the drink driving charges that have been laid against you. A magistrate may also attach a condition to a Section 10, such as a bond or a fine. Things you need to know about a Section 10.

What is Low Range PCA?

What is Low Range PCA? A Low Range PCA is when you are charged with having an alcohol level between 0.05 and 0.079. *Go to Low Range PCA page:

What is Mid Range PCA?

What is Mid Range PCA? A Mid Range PCA is when you are charged with having an alcohol level between 0.08 and 0.149. *Go to Mid Range PCA page:

Drink Driving FAQs, FAQs Home Page|

What is High Range PCA?

What is High Range PCA? A High Range PCA is when you are charged with having an alcohol level of 0.149 or over. Go to High Range PCA page:

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Alcohol Interlock Program – What is it?

Alcohol Interlock Program - What is it? If you are convicted of a drink driving offence, you can ask the Court to participate in this program. the Interlock an electronic device, which is wired to the ignition and prevents a vehicle from staring unless the driver passes a breath test. The Alcohol Interlock Program is designed to allow convicted drink drivers to continue to legally drive after serving a short period of disqualification. The exact period of disqualification will vary depending on the offence charged. [...]

Drink Driving FAQs|

Appealing PCA

Not Happy with your Drink Driving Sentence? It is understandable you may not be satisfied with a Magistrates decision with respect to your drink driving matter. If this is the case, you have the right to appeal to the District Court. There are some key things you need to be aware of. Is There a Time Limit to File an Appeal? Absolutely. For drink driving matters, you have 28 days from the date of the decision (or sentence) to lodge an appeal in the District [...]

Drink Driving FAQs|

Do I have to go to Court?

Do I have to go to Court? If the police have issued you with a Court Attendance Notice, yes. Otherwise, you will only have to go to Court if you elect to.

Drink Driving FAQs, FAQs Home Page|

Refuse breath test / Fail to provide sufficient sample for breath test

Refuse breath test / Fail to provide sufficient sample for breath test In NSW, you are guilty of refusing a breath analysis offence if: a. You refuse to provide a sample to the Police at a roadside test. b. You failed to provide a sample to the Police at a roadside test. c. You were the driver of a motor vehicle on a public road, you had undergone a roadside breath test which returned a positive reading and when required to submit to [...]

Drink Driving FAQs|

Repeat Offender

Repeat Offender What is a Repeat Offender? A repeat offender with respect to a driving offence, is a person whom is convicted for a second or subsequent major offence within a period of 5 years from their last offence. What is a Major Offence? A major offence, for the purposes of traffic matters, is defined in the Road Transport Act 2013 NSW. Amongst other major offences, a prior major offence includes a previous conviction of: 1. Drink driving offence; 2. Drug driving offence; 3. Refusal [...]

Drink Driving FAQs|

Section 10 – Things you did not know?

Things you did not know about a section 10 Section 10's are famous and popular. It is the outcome most of our client's are seeking when they contact us for assistance. Most people have heard of a Section 10. And if they haven't, they quickly learn about them when they are charged by the police. Unfortunately, due to its popularity, and the rumours about the possible meaning of a Section 10, it is the most confused area of law in the community. To [...]

Drink Driving FAQs|