How to get a Section 10 for mid-range drink driving in NSW – Criminal Law

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How to get a Section 10 for mid-range drink driving in NSW

20 January 2022

Astor Legal

If you have been charged by Police, you will likely be querying
how to get a section 10 for mid-range drink driving in NSW.

The prospect of attending Court, receiving a criminal conviction
and losing your driving license can seem daunting. This can have
consequences for your career as well as family
responsibilities.

While avoiding a criminal conviction for a mid-range PCA offence
is not easy, the below guide will provide assistance with how to
keep your driver license.

What is Mid-Range Drink Driving?

The offence of mid range drink driving is committed by a person
who drives a motor vehicle on a public road with a blood alcohol
concentration between 0.08 to 0.149.

The offence is set out in
Section 110(4) the Road Transport Act 2013
(NSW).

Mid-Range Drink Driving First Offence NSW

The penalties for a mid-range drink driving first offence in NSW
is an automatic disqualification period, a fine of $3,300.00 and 9
months imprisonment.

A person who commits this offence will also be subject to a
mandatory interlock order. This involves a disqualification of
between 3 months to 6 months. You will then be required to comply
with the interlock licence program for 12 months. In some
situations, the Court can make an interlock
exemption in NSW.

A Section 10 is an order by the Court dismissing a charge
without recording a conviction.

The Court has the power under
Section 10 of the Crimes (Sentencing Procedure) Act 1999
(NSW) to make such an order.

If the Court can be persuaded to exercise this power, this is
known as ‘getting a Section 10.’

This will mean that you will not receive a conviction for the
drink driving offence and you will also not lose your license.

Unsurprisingly, this is an outcome that most people seek.
However, it is only reserved for offences that are not serious, or
where there are some extenuating circumstances around the offending
or your subjective case.

Steps to Get a Section 10 for Mid-Range Drink Driving NSW

To get a mid-range drink driving NSW section 10, you will need
to take the following steps:

1. Retain an
   experienced drink driving lawyer with a proven track record of
   achieving similar results. You can view some recent cases where
   mid-range PCA charges have been dismissed by
   clicking here;




2. Providing evidence of any extenuating circumstances which
   explain the offence. This will also need to be presented to the
   Court in a persuasive manner;




3. Preparing documentary evidence directly relevant to the factors
   under Section 10. This is usually in the form of character
   references, affidavits, photographs, expert medical reports, travel
   itineraries, visa requirements, eligibility requirements for your
   profession and awards you have received;




4. Completing the Traffic Offender Program (TOP). There are a
   number of these programs that can be done either in person or
   online. A specialist solicitor can direct you to the most suitable
   program for you and also help you enrol in it;




5. Having a good driving history, or being able to explain any
   previous infringements or offences;




6. Pleading guilty at the earliest opportunity. This will entitle
   you to a discount of 25%;




7. Where appropriate, negotiating with prosecutors to amend the
   Police Facts so that it minimises your offending and is
   accurate;




8. Negotiating the charges in a plea deal with the Police. For
   example, Police may accept a plea of guilty to a low range drink
   driving offence and withdraw the mid range drink driving
   offence.




9. Having family members or friends present with you in Court.
   This may not always be possible where there are limits to how many
   people are allowed in a courtroom.

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