NEW LAWS: From 20th May 2019

drink drug driving laws NSW

Drink driving and drug driving – going to court

PENALTIES FOR LOW RANGE DRINK DRIVING

(s110(1) of the Road Transport Act)

THESE PENALTIES APPLY UNLESS YOU TAKE THE MATTER BEFORE THE COURT where you may argue that no conviction (no loss of license and no fine) is the appropriate penalty, once the Magistrate understands (i) your personal circumstances, (ii)  the circumstances of how you came to commit the offence (and the objective seriousness of these circumstances) and (iii) sees your prior traffic and criminal history,

PenaltyFirst offenceSecond or subsequent offence
Penalty notice fine$561N/A
Immediate licence suspensionYesYes
Maximum court- imposed fine$2,200$3,300
Maximum prison termN/AN/A
Minimum disqualification3 months6 months
Maximum disqualification6 monthsUnlimited
Automatic disqualification (disqualification period that applies in the absence of a specific court order)6 months12 months
Subject to an alcohol interlock orderNoYes

 

PENALTIES FOR DRIVING WITH A TRACE OF CANNABIS, SPEED/ICE, MDMA/ECSTASY, OR COCAINE IN ORAL FLUID, BLOOD OR URINE

(s111 of the Road Transport Act)

THESE PENALTIES APPLY UNLESS YOU TAKE THE MATTER BEFORE THE COURT where you may argue that no conviction (no loss of license and no fine) is the appropriate penalty, once the Magistrate understands (i) your personal circumstances, (ii)  the circumstances of how you came to commit the offence (and the objective seriousness of these circumstances) and (iii) sees your prior traffic and criminal history

PenaltyFirst offenceSecond or subsequent offence
Penalty notice fine$561N/A
Licence suspension (if offence is dealt with through a penalty notice)3 monthsN/A
Maximum court- imposed fine$2,200$3,300
Minimum disqualification3 months6 months
Maximum disqualification6 monthsUnlimited
Automatic disqualification (disqualification period that applies in the absence of a specific court order)6 months12 months

 

If you are facing a local court appearance, contact us for advice.

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