Best Drink Driving Lawyer in Manly
The stress of a drink driving charge can leave many people feeling lost and confused about their future behind the wheel. At McKenzie McLaughlin Law, our clients trust us with achieving the best results possible for their drink driving charges. We take this trust seriously as we understand how significant these charges can impact our clients’ freedom and livelihood. This is why we believe we are the best drink driving lawyers in Manly.
Drink driving is an offence against the Road Transport Act under section 112, determined by your Blood Alcohol Concentration (“BAC”). This is also referred to as the Prescribed Concentration of Alcohol level (“PCA”). The higher your alcohol reading, the more severe the penalties are and the more legal complications you are likely to endure.
Authorities determine your PCA level when they pull you over and conduct a breath test. This can be a completely random stop of you and your vehicle. After you commit to a breath analysis, or a blood test, here is what the results reveal about your PCA range.
- Novice Range PCA (learner or provisional licence) = 0.001 to 00.19
- Special Range PCA (learner or provisional licence) = 0.02 to 0.49
- Low Range – PCA = 0.05 to 0.079
- Mid Range – PCA = 0.08 to 0.149
- High Range – PCA = 0.150 +
Drink Driving Penalties
Every drink driving charge is different, which is why an evaluation by an experienced criminal lawyer is essential. The penalties that follow conviction will vary but will always result in the disqualification of your driver license. Being convicted of the offence also results in fines and a criminal record. Anyone charged with previous drink driving incidents may face imprisonment penalties depending on the details of the charges. Persons charged with high range drink driving for a first offence must understand that a custodial sentence is possible.
Here are the baseline implications for drink driving offences for first-time offenders.
- Novice Level $1,100 fine 3-6 month loss of licence (disqualification)
- Special Level $1,100 fine 3-6 month loss of licence (disqualification)
- Low Level $1,100 fine 3-6 month loss of licence (disqualification)
- Mid Range PCA $2,200 fine 6-12 month loss of licence (disqualification) 9 month max imprisonment and interlock licence
- High Range PCA $3,300 fine 12m.- 3 yrs loss of licence (disqualification) 18 month max Imprisonment and interlock licence
Factors That Impact Your Penalties
Drink driving lawyers in New South Wales can potentially change the outcome of your charges by using many factors. This means a lawyer can fight what is called a section 10 dismissal or a conditional release order ‘without conviction,’ which would prevent you from losing your license with no penalties. These are not “easy” by any stretch in the legal system, but they are possible and rely on the following details:
- Your Age and Character Details – These factors can help a court reflect on your typically responsible character and good citizen track record.
- Criminal Record – A clean record (no criminal charges) will show the court that your drink driving charge is not typical behavior and that you are unlikely to engage in drink driving activity in the future.
- Minor Drink Driving Charge – If the charge is trivial in nature, this may help you receive a section 10 dismissal.
Police must prove you are guilty in a Local Court, beyond a reasonable doubt, by proving you were in control of the vehicle and that your PCA range was over the legal limit. If you believe authorities will be able to prove this, your best course of action is to plead guilty and face the penalties. Criminal lawyers at McKenzie McLoughlin Law know how to get you the best result.
Not Guilty Plea
When you enter a plea of not guilty, there will likely be a hearing where witnesses are called to give evidence. The police need to prove the charges beyond a reasonable doubt. A criminal law lawyer is necessary to fight a drink driving charge. If you do this alone, you may not be competent in asking the right questions, calling the correct evidence, and making the proper submissions.
McKenzie McLoughlin Law Firm is ready to hear your case and advise you in the best outcome for your circumstances. Please contact us today if you are facing drink driving charges, even if you plan to plead guilty, so we can support you through the entire process.