Being charged with drink driving is a very serious offence that can come with a myriad of penalties. However, if this is your first time doing so, and you’re charged with a relatively minor offence, it may be possible for you to obtain a Section 10 ruling once you go to court for the charges. In order to increase your chances of receiving a favourable ruling, it’s important that you know what a Section 10 is and how to obtain one in court.
What is Section 10?
Section 10 refers to that particular portion of the Crimes Act of 1999. This section gives the court the ability to completely discharge the offence that you’ve been found guilty of committing. In this case, it would be something related to drink driving. Since no conviction takes place, you won’t be given a criminal record either. Additional benefits include avoiding any fines or penalties, such as a loss of driver’s license. Due to the relative severity of a drink driving offence, it’s not exactly easy to be given a Section 10 ruling.
However, your chances do increase depending on the drink driving offence you’ve been charged with. For instance, low range drink driving and novice drink driving offences all carry with them a 40 percent chance or higher of obtaining a Section 10 ruling, while your odds fall to under 25 percent if you’re being charged with a special range drink driving or mid-range drink driving offence. It’s important to note that the chances of a Section 10 are around a mere two percent if you’ve been charged with a high range drink driving offence.
Obtaining the Best Results When Going to Court For a Drunk Driving Charge
There are several things you can do to help your case when going to court on a drink driving charge. If you hope to obtain a Section 10 in court, you should definitely consider seeking the help of a drink driving lawyer, so as to bolster your chances. The court must be presented with a persuasive case on your behalf, so talk about this with your drink driving lawyer or devise a readied plan yourself. Make sure that you take a look at the best drink driving lawyers in your area. There are certain factors that go into a possible Section 10 ruling, including the nature of the offence, current age, character and mental condition of the defendant and any extenuating circumstances that played a part in you driving drunk.
There are three Section 10 types to be aware of. The first of these is an outright dismissal, while the other two are conditional discharges. The first discharge is on the condition of good behaviour, generally for a specific period of time. This period cannot last longer than two years. You will typically be required to notify the court if you change address during this period of time, and you must appear at court at any time you are summoned to do so. The second of these is a conditional discharge upon participation in an intervention program. The court will make a decision on what program you will need to enter. Now that you’re aware of what it takes to earn a Section 10, you can start planning your defence.