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Drink Driving

Drink Driving is a criminal offence in NSW under Section 110 of the Road Transport Act 2013.

The applicable penalties vary depending on:

  1. Your blood alcohol concentration (BAC), which may fall into:
  2. Whether it is your first or subsequent ‘major traffic offence’ within 5 years.

Honest and reasonable mistake of fact is a defence to a drink driving charge.

If you wish to plead guilty, you may be able to avoid a criminal conviction, a licence disqualification and a fine by persuading the magistrate to grant a Section 10(1)(A) Dismissal, or a Non-Conviction Conditional Release Order.

You can maximise your chances of achieving a lenient outcome by:

  1. Obtaining Character References
  2. Writing a Letter of Apology to the court, and
  3. Completing a Traffic Offender Program

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