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The offence of Novice Range drink driving is committed by a driver who is the holder of either a learner licence or provisional licence who drives a motor vehicle on a public road with a blood alcohol concentration above 0.00 and below 0.02.

Penalties

The maximum penalty for a Novice Range drink driving offence, if it is your first major traffic offence within 5 years, is a fine of $1,100.00 and an automatic disqualification period of 6 months. The minimum disqualification period is 3 months unless the matter is dealt with pursuant to section 10 of the Crimes (Sentencing Procedure) Act in which case you will not be disqualified from driving. Click here to find out more about section 10.

The concern for most drivers charged with a Novice Range drink driving offence is that they will lose their licence. Our experienced traffic lawyers have the skills and knowhow to prepare your case in a way that gives you the best chance of keeping your licence.

What if it is my first offence of Novice range drink driving?

If it is your first major traffic offence of Novice drink driving, you have good prospects of achieving a Section 10, that is, the Magistrate may chose not to proceed with conviction, and placing you on a good behavior bond. This means that you will not be disqualified from driving.

For more information on Section 10, and to see case studies where we have successfully represented others, go to:

https://lylawyers.com.au/criminal-law/section-10/

Penalty where the offence is a second or subsequent major offence within 5 years

The maximum penalty for a Novice Range drink driving offence, if it is your second or subsequent major offence within 5 years, is a fine of $2,200.00, and a maximum disqualification of 3 months. Under the interlock program the minimum disqualification period is 1 month unless the matter is dealt with pursuant to Section 10 of the Crimes (Sentencing Procedure) Act in which case you will not be disqualified from driving. Under the new laws a second or subsequent offence within 5 years will also include a minimum of 12 months using an interlock device.

Major traffic offences include:

  1. A conviction of murder or manslaughter arising out of the use of motor vehicle;
  2. A conviction for wounding, causing actual bodily harm or inflicting grievous bodily harm arising out of the use of a motor vehicle;
  3. Predatory driving, Involvement in a police pursuit, and failing to stop after an impact causing grievous bodily harm;
  4. Driving recklessly, furiously or in a manner or speed dangerous to the public;
  5. Negligent Driving causing death or grievous bodily harm;
  6. Menacing Driving;
  7. Drink Driving, refuse breath analysis or wilfully alter concentration;
  8. Prevent medical practitioner or nurse from taking blood;
  9. Drive under influence of alcohol or drug;
  10. Refuse sample of blood or urine or wilfully introduce or alter amount of drug in blood or urine;
  11. Failing to stop and assist following impact causing death or injury;
  12. Failing or refusing to provide oral fluid sample;
  13. Refusing or failing to submit to the taking of the sample of blood in accordance with the directions of a medical practitioner, registered nurse or prescribed sample taker;
  14. Refuse or fail to supply sample of urine or blood (fatal accident).

Drink Driving Penalties

drink driving table

Our client was charged with Novice Range Drink Driving. He was on his red P’s. He blew a reading of 0.017, following a random breath test along the Pacific Highway in the Northern Suburbs of Sydney. The ‘zero tolerence’ principle applied.

Only a young man of 19 years of age, his driving record was good, but only having his licence for over a year. We registered him into a 1 day traffic offender’s course where he learnt all about the dangers of drinking and driving. Following the completion of the course, and the meticulous preparation of our client’s case, our dedicated drink driving lawyer attended Hornsby Local Court for sentence. Our lawyer argued that, despite only having his licence for a short period, a conviction and disqualification of our client’s licence would result in him losing his job, his income and perhaps have a long term effect on his career. Being a courier and highly regarded employee of a small courier company, a driver’s licence was essential and a loss of licence would have not only interrupted his career but also the company he worked for.

The sentencing magistrate reluctantly agreed with us and imposed a 12 month ‘section 10’ bond.

Contact us for your Free initial consultation. Available at our Sydney CBD, Parramatta, Liverpool, Wollongong or Newcastle office.

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Achieving results one case at a time

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Todd Hurring

Ly Lawyers
5.0
2017-06-25T22:46:32+00:00

Todd Hurring

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Achieving results one case at a time

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Breno T.

Ly Lawyers
5.0
2017-06-25T22:53:27+00:00

Breno T.

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Achieving results one case at a time

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Kim Smith

Ly Lawyers
5.0
2017-06-25T22:53:58+00:00

Kim Smith

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Achieving results one case at a time

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

William Song

Ly Lawyers
5.0
2017-06-25T22:54:34+00:00

William Song

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

Achieving results one case at a time

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Habib Rahman

Ly Lawyers
5.0
2017-06-25T22:55:09+00:00

Habib Rahman

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Achieving results one case at a time

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Josh Tyler

Ly Lawyers
5.0
2017-06-25T22:56:43+00:00

Josh Tyler

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Achieving results one case at a time

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Craig H

Ly Lawyers
5.0
2017-06-25T22:57:53+00:00

Craig H

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Achieving results one case at a time

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Sarah Davies

Ly Lawyers
5.0
2017-02-01T00:09:03+00:00

Sarah Davies

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Achieving results one case at a time

What a result from a great team!

Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

John L.

Ly Lawyers
5.0
2017-02-01T01:38:38+00:00

John L.

What a result from a great team! Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.
5.0
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