1. Your Court date

If you have been charged with drink driving you will receive a Court Attendance Notice which indicates when you must attend Court.You will need to attend Court at the date and time specified on the notice.If you fail to attend Court on this date then a warrant may issue for your arrest.

2. Court Procedure

If a "guilty" plea is to be entered with respect to the charge, the matter will proceed as follows:

>> The Police Facts, and your Criminal and Traffic record will be provided to the Magistrate.

>> Any character references, confirmation of attendance at the Traffic Offenders Program, will then be tendered for the Magistrate to consider.

>> After the Magistrate has reviewed any of the documents provided to him or her, your solicitor will make submissions in mitigation of your sentence.

>> After hearing submissions the Magistrate will then impose a penalty which s/he thinks appropriate to the circumstances of your case.

If a "not-guilty" plea is entered then orders will be made for a brief to be served and you will be required to attend Court for reply to the brief in the future.

3. The Law

A charge of drink driving usually carries a fine and also a period of licence disqualification.It is advisable to engage the services of a solicitor to ensure that any fine and period of disqualification is reduced from the statutory maximum.It is within the sentencing Magistrate's discretion to reduce any maximum fine and disqualification period applicable to your particular charge.

4. Penalties

If you are convicted, the Court can impose penalties ranging from good behaviour bonds to periods of imprisonment (depending upon factors such as whether you are a repeat offender and the range of the charge),as well as a period of licence disqualification and a fine.

Depending upon your traffic record,and whether you are of good character,a solicitor should be able to assist you to minimise any penalty and achieve a result which is satisfactory to you.

Please note that prior to your sentencing, the Court may refer you to the Traffic Offender Program.If this occurs,it is likely that your matter will be adjourned for about 2 months to enable you to complete the program before returning to Court for your sentencing.

5. The Traffic Offenders Program

Referral to this program can be either initiated by the Court or your solicitor can make a request on your behalf.People are generally referred to the programs before sentencing.When referred to a Traffic Offenders Program,a person is required to enter an attendance agreement.

Traffic Offender Programs typically run for 6 to 8 weeks and may include lectures, assignments etc.The group running the Traffic Offender Program usually provides an attendance record/achievement report to the Court at the end of the program and this means that the Court will take into account your participation in this program at the time of sentencing.

6. Character References

Character references are letters written by friends, family or colleagues who provide evidence to the Court as to your character,work ethic, community involvement and achievements.When we act on your behalf in a matter of this type,we usually supply you with a character reference guide which you can provide to your referees for guidance when they are writing your reference. As stated above,the references provided to us, as authored by your referees,will usually be used at your sentencing,in an attempt to mitigate the sentence you would otherwise receive.