Drink Driving - Legal Representation Is Your Best Bet

Drink Driving is a crime that people, including professionals, are increasingly being charged with nowadays. On many occasions it is a first offence where one misjudges how much they had consumed, assumes they are within their legal limit to drive, and are then, to their misfortune, stopped by Police and charged.

Until recently many defendants did not regard Drink Driving as a serious charge. Many defendants often represented themselves and achieved variable results. Irrespective drink driving has always been regarded as a serious matter by the Courts with heavy sentences being imposed on a range of defendants.

Magistrates often view a lack of legal representation as an indication that the Defendant does not appreciate the seriousness of a matter and may not understand the consequences of Drink Driving which may have detrimental consequences for the defendant when sentenced.

Drink Driving charges may result in serious penalties for a Defendant. Sentences imposed on Drink Drivers include: fines, loss of license, imprisonment, (sentence depending on the Defendant's reading and whether it is a first or a subsequent offence), and of course, whether with or without conviction.

The Road Safety Act stipulates the minimum sentences that may be imposed by a Magistrate, however, the Magistrate has discretion to impose more than the minimum. Hence, the sentence imposed by a Magistrate may affect a person's employment, family and social life. Therefore, legal representation in Drink Driving matters is both advisable and necessary to achieve the best possible outcome in the circumstances.

On obtaining a Summons, a Defendant has two options - pleading guilty, or, contesting the charges, including technicalities. Your criminal lawyer should be able to advise you whether there are sufficient grounds for contesting the charges, and provide you with an estimate of costs in relation to same.

Where a Defendant wishes to plead guilty, the right legal representation is crucial as any sentence the Magistrate may impose will depend on submissions made by the legal representative. A legal representative will determine what aspects to address in their submissions, and what documents to put to the Court, to minimize penalties. Legal representation increases the likelihood of achieving the best possible outcome in the circumstances of the Defendant's case.

Where a Defendant wishes to plead not guilty they should be legally represented. A legal representative would provide advice throughout the case, would appear on the Defendant's behalf as required, including the final Hearing, and drafting any documents required by the court including subpoenas where necessary.

Before a Defendant decides to plead guilty or not guilty they should seek competent legal advice about the likely consequences that can flow from any such decision. Where a defendant pleads not guilty and is found guilty the court is entitled to take the view that the defendant to exhibit remorse and so may be penalized for it. A plead of not guilty may be taken to demonstrate both contrition and remorse with a corresponding reduction in any sentence imposed by the court.

In all Drink Driving cases a defendant should never plead not guilty where the facts indicate otherwise. The court does not appreciate having its time and resources wasted where the plea appears frivolous. Heavy penalties are visited on those who do this, with correspondingly lower penalties being handed down for those who demonstrate responsibility, contrition and remorse. Often defendants when selecting legal representation focus on price rather than competence and the results speak for themselves. Good strong legal representation is an investment in your future which will assist to mitigate substantial fines, loss of license and any custodial sentence likely to be imposed.

LAC Lawyers possesses extensive knowledge and experience of all Drink Driving matters. To obtain competent professional advice please call LAC LAWYERS to arrange an appointment.