Drink driving offences are taken very seriously by the Courts in New South Wales, but section 10 drink driving outcomes are given in certain circumstances. Low Range PCA section 10 and Mid Range PCA section 10 results, and even a section 10 bond for drink driving in High Range PCA matters are possible.
Convictions can have significant and long lasting consequences for people, particularly in relation to employment opportunities. There are some types of employment (e.g. armed forces) for which a conviction may well preclude employment altogether, but it is common nowadays for employers across the board to require criminal record checks before taking employees on. Although a conviction may not necessarily bar you from a particular job, it is very likely to put you at a distinct disadvantage if you are competing against a similarly qualified person who does not have any convictions.
A criminal record can also have impacts on your ability to travel internationally, obtain a firearms licence and more.
Section 10 Drink Driving NSW
The reality is that the consequences of drink driving are likely to result in a conviction which will mean a criminal record for you, unless the Court can be persuaded to not record a conviction for drink driving. A well structured submission on sentence can be the difference between you having a criminal record or not – a section 10 drink driving outcome or a conviction for drink driving.
If you have an experienced dui lawyer appearing for you, you are more likely to achieve a better outcome. Drink Driving Lawyers Sydney may be able to help you achieve the outcome you are hoping for, and can limit the drink driving consequences on your life.
What is Section 10?
Section 10 (which we reproduce below) allows the Court to consider not recording a conviction even where a person pleads guilty to an offence or is otherwise found guilty. The offence is therefore proven, but no conviction is recorded.
A section 10 outcome can be in the form of an outright dismissal of the charge, or it can be in the form of requiring that you enter into a section 10 bond, which is a good behaviour bond. A section 10 bond requires that you not commit any further offences and otherwise be of good behaviour, and if you comply with all conditions of your good behaviour bond then at the end of the period of the bond, no conviction appears on your criminal record.
A no conviction outcome will only be considered by a Court where the Court is of the view that it is inexpedient to inflict punishment on you, having regard to your character, prior criminal record (if any), age, health and mental condition. The Court is required to take into account whether the nature of the offence is trivial, and any extenuating circumstances in which the offence was committed.
If you are wanting to explore the possibility of a section 10 drink driving no conviction, call Drink Driving Lawyers Sydney on (02) 9533 2269. For the best outcome, it is desirable to have a firm of experienced drink driving solicitors to advise and represent you in Court.
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And if you’re curious enough to want to look at Section 10 of the Crimes (Sentencing Procedure) Act, it reads as follows:
(1) Without proceeding to conviction, a court that finds a person guilty of an offence may make any one of the following orders:
(a) an order directing that the relevant charge be dismissed,
(b) an order discharging the person on condition that the person enter into a good behaviour bond for a term not exceeding 2 years,
(c) an order discharging the person on condition that the person enter into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program.
(2) An order referred to in subsection (1)(b) may be made if the court is satisfied:
(a) that it is inexpedient to inflict any punishment (other than nominal punishment) on the person, or
(b) that it is expedient to release the person on a good behaviour bond.
(2A) An order referred to in subsection (1)(c) may be made if the court is satisfied that it would reduce the likelihood of the person committing further offences by promoting the treatment or rehabilitation of the person.
(2B) Subsection (1)(c) is subject to Part 8C.
(3) In deciding whether to make an order referred to in subsection (1), the court is to have regard to the following factors:
(a) the person’s character, antecedents, age, health and mental condition,
(b) the trivial nature of the offence,
(c) the extenuating circumstances in which the offence was committed,
(d) any other matter that the court thinks proper to consider.
(4) An order under this section has the same effect as a conviction:
(a) for the purposes of any law with respect to the revesting or restoring of stolen property, and
(b) for the purpose of enabling a court to give directions for compensation under Part 4 of the Victims Compensation Act 1996 , and
(c) for the purpose of enabling a court to give orders with respect to the restitution or delivery of property or the payment of money in connection with the restitution or delivery of property.
(5) A person with respect to whom an order under this section is made has the same right to appeal on the ground that the person is not guilty of the offence as the person would have had if the person had been convicted of the offence.
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in relation to your section 10 drink driving charges.