Do you have a question about criminal law offences?


When it comes to spending a night out drinking and having fun there is nothing wrong with that in itself, as an activity.

Most drinkers are quite old enough to know how they wish to spend their money and how much harm they may be doing to themselves when drinking more alcoholic drinks than is healthy.

There is no shortage of health information on the effects of alcohol and such organisations as Alcoholics Anonymous and alcohol health lines have been around for decades for those who think they are addicted and want to do something about it.
Sadly, there is more to excessive alcohol consumption than having a laugh and a joke with family and friends. There are other issues that affect communities if alcohol levels are dangerously high amongst their residents.

The two main issues are drinking and driving and an increase in alcohol related violence. A recent Galaxy poll discovered that nearly 80% of respondents believed that Australia has an alcohol abuse problem and a similar percentage is concerned about the violent aspects of alcohol. 40% of survey respondents said they had been affected personally by alcohol-related violence and 66% admitted to acting in a negative way after consuming alcohol. As changes in government rules to fight alcohol-related violence are debated, two thirds of those surveyed were in support of a ban on advertising alcohol during the week and on weekends before 8.30pm. 80% of Australians think pubs, bars and clubs should close their doors by no later than 3am.

Throughout Australia, between 70% and 80% of their populations are alcohol drinkers, which makes it particularly hard for any legislation to have any serious effects, but much has been done to address such issues as drinking and driving with most states inflicting serious penalties when anyone is caught flouting the law.

In New South Wales, the Road Transport (Safety and Traffic Management) Act 1999, Section 9, describes a mid-range PCA (prescribed concentration of alcohol), as a blood alcohol concentration ranging from 0.08% to 0.149%. The penalty for an infringement is not only a criminal conviction. The maximum penalty for a first time offender is a 9 month prison term, a 20 penalty point fine ($2,240) and 12 months licence disqualification. If you repeat the offence then you may end up in jail for 12 months and have to pay 30 penalty points, as well as a license suspension for 3 years.

If you have pleaded guilty to drinking while driving you will be penalised in some way, without a doubt. To ensure that the facts surrounding your case are fairly represented by the prosecution you should seek competent legal advice. An experienced drink driving solicitor is aware of the tricks in Court that are often used by the prosecution to get a conviction.

If you have been charged with a driving offence and need advice or representation, please call Christine Manolakos on 02 02 9568 6266

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

Ask a Question - It Is Free