Question: Should I Plead Guilty To Drink Driving?

What happens if you plead not guilty to drink driving?

If you plead not guilty to a drink driving offence, the Magistrate will adjourn your matter to a date for hearing.

In the Magistrates Court, trials are referred to as “summary hearings”.

Drink driving hearings are conducted in the same way as any criminal trial, and strict rules of evidence apply to these proceedings..

How do you defend yourself in court for drink driving?

10 Practical tips for representing yourselfBe truthful to the court. … Be prepared. … Knowing what not to say is almost as important as what you say. … Tell the court about your ability to pay a fine including:Tell the court how a criminal conviction may affect your future. … Tell the court about your need for a drivers licence.More items…

Is it worth getting a lawyer for drink driving?

First and foremost, as we have already mentioned, if you have serious charges laid against you where there is a real possibility that you could be serving time in jail then it is always highly recommended that you obtain quality legal representation from a lawyer who is very competent at dealing with traffic law …

Why plead not guilty if you are guilty?

If the defendant pleads guilty at the arraignment, this plea is locked into place. … Because of the availability of changing a plea to guilty later on, most criminal defendants plead not guilty at the arraignment because they know they can later change the plea if they do reach a favorable agreement.

Is it better to plead guilty?

In exchange for pleading guilty, the criminal defendant may receive a lighter sentence or have charges reduced. Additionally, pleading guilty avoids the uncertainty of a trial. Juries can be unpredictable. Prosecutors may uncover additional evidence that can make it more likely for a jury to convict the defendant.

Can you get done for drink driving without being Breathalysed?

Can police charge me without a breath test? Police do have a way to charge people even without a breath test. This is called a DUI charge, or driving under the influence. Normally, drink driving charges will be based upon the level of alcohol in your system; for example, low range, mid range or high range.

Should I just plead guilty DUI?

For defendants, there’s usually no benefit to pleading guilty at the first court appearance. Generally, plea deals a prosecutor offers on the first day are the same or worse than offers that come later. So, it’s typically best to initially plead not guilty and get a new court date a few weeks out or so.

Is it bad to plead not guilty?

You should definitely plead NOT GUILTY to your criminal or traffic charge! … The criminal justice system is designed for you to plead “Not Guilty.” This is the case because in America you are considered innocent until the prosecutor can prove you guilty beyond a reasonable doubt.

Can a first time DUI be dismissed?

No matter what the arresting officers may have said about your chances to win, getting a first offense DUI dismissed can happen. … While every DUI arrest including a test refusal still needs to be won in court, police know they need that breath test evidence in order to have any real chance to prove a DUI in court.

What happens when found guilty in court?

If you are convicted If you are found guilty after a trial or after pleading guilty, the Judge will impose a sentence. You should talk to your lawyer or court worker about what happened in court. They will tell you if you have to pay a fine, meet with a probation officer, or follow any special rules.

Will I go to jail for high range drink driving?

A person found guilty of high range drink driving faces a fine of $3,300 for a first offence and up to $5,500 for a second or subsequent offence. This offence can attract a prison term of up to 18 months for a first offence and up to two years for a second or subsequent offence.

What is the minimum disqualification period for drink driving?

Drink Driving Penalties NSWLow, Novice or Special Range PCAPenaltyFirst offenceSecond or subsequent offenceMinimum disqualification with interlock3 months6 monthsMinimum interlock period12 months2 yearsAutomatic disqualification if no interlock12 months3 years19 more rows

What will I get for drink driving?

What are the drink-drive penalties? … Driving or attempting to drive while above the legal limit or unfit through drink can lead to six months imprisonment, an unlimited fine and a driving ban for at least one year (three years if you have been convicted twice in 10 years).

How long have the police got to charge you with drink driving?

six monthsFor offences of Drink Driving and Driving without Due Care and Attention the police have six months from the date of the alleged offences in which to either charge your son or lay an information at court (i.e. lodge paperwork and request a summons).

How do you beat a drink driving charge?

The most common way to defend a drink driving charge is to establish that the concentration of alcohol was likely lower at the time of driving than later when analysed at the police station.