Can I get off drink driving charges with a section 10?

Jul 23 2020

As a Drink Driving Lawyer, I get asked this all the time and It is very important to have a good and realistic understanding of what a section 10 is and how Magistrates and Judges use them.

A section 10 gives a court the ability in certain circumstances to dismiss criminal charges with or without a conviction – meaning you can be given a second chance in life and walk out of the court a very lucky person indeed. Contrary to popular belief, a section 10 is not something that is just handed out easily by a court, especially in the area of drink driving!

Your character plays a crucial role in the receiving or not receiving of a section 10 for a drink driving NSW charge. For example your health and mental condition and the sort of work you do, along with driving and criminal history. We recently represented a client who required her licence to look after quadriplegic clients and this factor along with her clean driving and criminal records assisted greatly in the receiving of a section 10 for a low range drink driving charge.

Your character plays a crucial role in the receiving or not receiving of a section 10.

Deterrence to you and others is another important factor Magistrates and Judges consider when granting or not granting a section 10 for DUI offenses. As society has a huge drink driving problem at the moment especially with repeat offenders, Magistrates and Judges are reluctant to give a section 10 for drink driving offenses – especially for mid and high range readings.

Over the many years of representing many drink driving clients across all of NSW, receiving a section 10 for a drink driving charge is, in my opinion, a rare occasion and there are often better ways to plead your case if you want to protect your licence.

With over 27 years experience as a Northern Beaches DUI Lawyer, give me a call today on 02 8052 3322 to discuss minimising the damage to your licence.

James Maspero