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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.

What is a Section 10?

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.

If you have been charged with mid-range drink driving, contact Astor Legal on (02) 7804 2823 or email us at info@astorlegal.com.au.