Drink Driving
What to do if you have been caught driving whilst exceeding prescribed concentration of alcohol (PCA)? The police have a strict process to follow. Several issues need to be considered. Call me for advice.
What is the difference between low range, mid range, high range readings? There is a big difference in the range of penalties between the three readings. Call me and I will explain the differences to you.
The Court will listen to reasonable requests for sympathy and I have a lot of experience on how to ask the Court for assistance on your behalf.
Expert advice If you would like our honest opinion as to your chances of a Section 10
please call me on (02) 9977 8211 or email:rjthomas@rjt.com.au
Crime
Types of penalties
Section 10- avoiding a criminal record
Normally, when you plead guilty to a criminal or traffic offence the Court imposes a penalty and records a conviction. If the court records a conviction you will have a criminal record. However, if we were able to convince the court not to convict you, there would be no penalty of any type and no criminal record. In all criminal cases a court has the discretion not to convict you but deal with you under the terms of section 10.
Fines
By far the most common penalty imposed by the Local Court is a fine. When deciding the amount of any fine the Magistrate or Judge should consider your financial situation and your ability to pay any fine they set.
Good behaviour bonds
A good behaviour bond is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is 5 years.
Community service order
A Community Service Order (CSO) involves either unpaid work in the community at a place specified by Probation and Parole or attendance at a Centre to undertake a course, such as Anger Management. In order to be eligible for a CSO you have to be assessed by an officer of the Probation service as suitable to undertake the order. Certain medical conditions could exclude you from being suitable to undertake a work order.
Suspended sentence
A suspended sentence (Section 12 good behaviour bond) is a gaol sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the gaol sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to 2 years.
Periodic Detention
Periodic detention is a form of imprisonment. It involves detention in a periodic detention centre for a two day period each week for the length of the sentence set by the court. The two-day period commences at 7.00 pm on the day of the week specified (usually Friday) and ends at 4.30 pm on the second day following the day so specified (usually Sunday).
Prison
This is the most severe form of punishment and involves being locked up in a prison. Before a court imposes a prison sentence it must be satisfied that no other penalty other than imprisonment is appropriate.
