Traffic & Drink Driving Matters

With the increasing prevalence of speed and red light camera devices at intersections across NSW, speeding offences are now very common even where the speeding is trivial. Furthermore, the police are now conducting more roadside breath and drug tests which entails motorists needing to be far more vigilant. In the case of drug tests, some illicit substances can remain in your system for substantially longer than alcohol.

At McGirr & Associates, we understand the importance of having a driver licence and we will provide expert advice and representation to get you back on the road as soon as possible. 

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Speeding offences

Over the past decade, the penalties for speeding offences have markedly increased, with particular focus on Learner and Provisional P1 licence holders. The result is that for any speeding offence, Learner and Provisional P1 drivers face a mandatory suspension period of 3 months. This can have significant impact on study, work and social life if you are particularly dependent on your car for travel. Where speeding is in excess of 45kmh, police are able to suspend your licence immediately by issuing a police suspension, which may operate in addition to any court imposed suspension and any demerit points which accrue. Recent reforms also permit police officers to confiscate the number plates of your vehicle for up to 6 months for certain offences.

Therefore, it is important that you obtain legal advice from McGirr & Associates as soon as possible if you have received a speeding offence as all such offences can be challenged in the Local Court. For example, you can challenge the accuracy and calibration of the instrument used to detect your speed, or the quality or regularity of its maintenance. In some cases, police may have estimated your speed, in which case you may challenge their training and the estimate generally. Even if you accept that you were speeding, it may be the case that challenging the infringement results in the court finding your travelling at a lower speed than alleged, which could mean the difference between a six-month suspension and a mere fine and demerit point sentence.

Finally, depending on the facts and circumstances, you may be able to claim the defence of honest and reasonable mistake. That is, you honestly and reasonably believed you were not speeding by virtue of an improperly calibrated or non-functional speedometer. 

What should be clear is that with the expert legal advice of Paul FC McGirr you will increase your chances of obtaining a better outcome in court. Unrepresented defendants often fare quite poorly as they are unaware of the court process and can be easily pressured into pleading guilty. Call now on 0405 508 099 for advice and let McGirr & Associates do the worrying.

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Drink Driving

Drink Driving offences should be treated very seriously. They are not ordinary traffic infringements, but are instead treated as a proper criminal offence which means that a conviction will result in you having a criminal record. This may result in uncomfortable disclosures to your employer, or your professional association, or to your family and friends generally.

If you are charged, it can be emotional and confusing because it is often the first time most people will have had interaction with the police and the law. This is why we stress the importance of obtaining expert legal advice from an experienced criminal lawyer, Paul FC McGirr on 0405 508 099.

There are five distinct offences for drink driving:

  • Novice Range (0.02 - 0.019). - this applies to learner or provisional licence holders who are not permitted to have any alcohol in their system (i.e. BAC of 0.00). The maximum penalty is $1,100 for the first offence and $2,200 for subsequent offences as well as an automatic 6 month disqualification period.

  • Special Range (0.02 - 0.049) - this applies to learner and provisional licence holders who are not permitted to have a BAC of above 0.02. The limit also applies to bus drivers and taxi drivers. The maximum penalty is $1,100 for the first offence and $2,200 for subsequent offences as well as an automatic 6 month disqualification period.

  • Low Range (0.050 - 0.079) - this applies to licence holders who are not permitted to have a BAC of above 0.05. The maximum penalty is $1,100 for the first offence and $2,200 for subsequent offences as well as an automatic 6 month disqualification period.

  • Mid Range (0.080 - 0.149) - this applies to licence holders who are not permitted to have a BAC of above 0.05. The maximum penalty is $2,200 for the first offence and $3,300 for subsequent offences as well as an automatic 12 month disqualification period. This offence also carries a risk of imprisonment with the maximum being 9 months for the first offence and 12 months for subsequent offences.

  • High Range (More than 0.150) - this applies to licence holders who are not permitted to have a BAC of above 0.05. The maximum penalty is $3,300 for the first offence and $5,500 for subsequent offences as well as an automatic 3 year disqualification period. This offence also carries a risk of imprisonment with the maximum being 18 months for the first offence and 2 years for subsequent offences.

Since February 2015 there have been mandatory alcohol interlock orders for convictions in relation to drink driving offences. Since December 2018, all first time Mid Range offenders have been subject to mandatory interlock orders. A mandatory interlock order involves the affixing of a device to your vehicle such that you can provide a breath sample for analysis. The car will not start if alcohol is detected and a camera on the device takes a photo of you so as to avoid circumvention. This program involves installation costs and ongoing maintenance fees of approximately $2,200 per year. While it can result in reduced periods of disqualification, you are then subject to a period of at least 12 to 24 months on an interlock licence. Only in limited circumstances can an exemption from this program be granted and exempted persons are subject to longer periods of disqualification.

A court that is properly advised by an experienced lawyer like Paul FC McGirr may exercise its discretion not to record a conviction in some circumstances. The result is that an offender does not incur a fine, penalty or any period of disqualification. However, where there is a Mid Range or High Range charge, the risk of imprisonment is real and should not be taken lightly given the ongoing campaign by governments and community organisations to reduce the instance of traffic accidents and deaths occasioned by drivers under the influence of alcohol. A well-prepared legal defence will be very important in persuading the court that imprisonment would be inappropriate. This may include obtaining medical and psychiatric reports, enrolling in a traffic offenders program, or enrolling in other treatment programs.

It is therefore of vital importance to call McGirr & Associates on (02) 8039 7497 as soon as possible to determine your legal options and overall position.