Mid Range Drink Driving Penalties

Описание: What are the penalties for mid range drink driving? How can I keep my licence and avoid a conviction even if I plead guilty? Section 10 dismissals and conditional release orders for drink driving.

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Transcript:
The maximum penalty for mid-range drink driving depends on whether or not you have been convicted of a major traffic offence within the previous 5 years. A major traffic offence is one that you received a court attendance notice for and had to go to court for, such as drink driving, driving while suspended or disqualified, dangerous driving, etcetera. For a first offence, the automatic period of disqualification is 12 months. However, the magistrate can reduce this down to a minimum of six months if there are good reasons to do so. And good reasons can include if you need your licence for work, or other commitments, or you have a good driving record otherwise. The maximum penalty includes a fine of up to $2,200 and or 9 months imprisonment. For a second or subsequent offence within 5 years the automatic disqualification period goes up to 3 years, but the magistrate can reduce this down to a minimum of 12 months, again if there are good reasons to do so. The maximum penalty includes a fine of up to $3,300 and or up to 12 months imprisonment. If it's your third or more major traffic offence within the last 5 years the RMS will declare you what's called a habitual traffic offender, which means you will get an extra 5 years off the road after you leave court. However, a good lawyer can ask the magistrate to quash the habitual offender declaration so you don't the extra 5 years on top. It's also important to know that a good lawyer may be able to get you what's called a section 10 dismissal or conditional release order. Section 10 dismissals and conditional release orders are where your guilty but the magistrate gives you no fine, no conviction, and no licence disqualification. The most common penalty for mid range pca is a disqualification and a fine followed by a section 10 dismissal or conditional release order with a good behaviour bond.