DUI Section 10 Dismissal
When individuals discuss traffic offences and DUI offences often the issue of trying to get a “DUI Section 10 dismissal” is brought up.
It needs to be understood that an Section 10 dismissal is not going to work for everybody and generally speaking a Court will just make such an order under really special and extenuating situations.
The misconception that anyone who gets caught drink driving will have the ability to obtain an Section 10 DUI dismissal if they get a great solicitor should be dispelled because that is just not the case. Each matter must be very carefully considered on a case by case basis. If you desire to get a better understanding as to whether you may be eligible for obtaining an Section 10 dismissal then please contact our office to discuss.
So what is a Section 10 dismissal?
The terms “Section 10” describes area 10 of the Crimes (Sentencing Procedure) Act 1999 and it offers the Court with discretionary powers to not record a conviction and release the defendant despite the fact that the Court discovers you guilty of the offence. In relation to a PCA or DUI offence this typically indicates that you will certainly not receive a criminal conviction, you will not obtain a monetary fine and you will not have your motorist’s licence disqualified, enabling you to continue driving.
3 types of “Section 10” dismissals:
1. Outright Dismissal – Court makes an order that the relevant charge be dismissed
Section 10(a) of the Crimes (Sentencing Procedure) Act 1999 provides the Court with the power to order an outright dismissal of an offence can be ordered by the Court without carrying any conditions.
2. Conditional Discharge – upon condition of Good Behaviour Bond
Section 10(b) of the Crimes (Sentencing Procedure) Act 1999 provides the Court with the power to order a dismissal of an offence on the strict condition that the offender must enter into a good behaviour bond for a period of time (not more than 2 years).
The minimum conditions of Good Behaviour generally include:
- That you be of good behaviour for a specified period;
- That you advise the court of any change of address; and
- That you appear before the court should you be asked to do so.
If you fail to abide by the conditions of a Good Behaviour Bond then you will have to come back before the Court where your bond will be revoked and a new sentence will be ordered.
3. Conditional Discharge – upon condition of participation of Intervention Program
Section 10(b) of the Crimes (Sentencing Procedure) Act 1999 provides the Court with the power to order a dismissal on the strict condition that the offender takes part in an Intervention Program and to comply with any Intervention Plan arising out of the program.
The Court will decide what the best form of Intervention Program will be for you to complete. Failing to abide by the Intervention Program conditions will see the offender brought back before the Court where he/she will be re-sentenced.
How do you get a Section 10?
You should present to the Court a well ready case and court submissions that will be able to persuade the Court that your matter is one which deserves a dismissal under Section 10.
For this reason it is exceptionally vital that you have actually a tactically developed plan in place prior to you go to the final hearing for your court case.
A number of concerns will certainly need to be talked about with the Magistrate consisting of:
- Age, character, record, health & mental condition;
- The trivial nature of the offence;
- Extenuating circumstances;
- Any other relevant issues.
Taking action on a “Section 10”
If you have been charged with any type of drink driving or drug driving offences then we would strongly urge you to contact our office so that we can discuss your matter and provide you with an open and honest opinion in what your chances are of obtaining a “Section 10”.
Please call us on 1300 941 900
Sydney DUI Lawyers are here to help you through any drink driving, drug driving, DUI, unlicenced driving, disqualified driving, dangerous driving, careless driving, hooning or any other traffic matter that you may have in Sydney or the surrounding suburbs. We offer professional services with very competitive fixed fee prices and do not charge for travel. We will devise a strategic plan to help you through the legal process in order to reduce your penalties or get the best possible outcome for you.
We are available to appear at the following Sydney local courts – Balmain Court, Bankstown Court, Blacktown Court, Burwood Court, Central Bail Court, Downing Centre Local Court,Fairfield Court, Kogarah Court, Liverpool Court, Manly Court, Newtown Court, North Sydney, Parramatta Court, Ryde Court, Sutherland Court and Waverley Court.
DUI Section 10 Dismissal
CONTACT US ABOUT DUI SECTION 10 DISMISSAL:
Boorman Lawyers NSW & QLD Solicitors
Please contact Josh Boorman today to discuss your matter over the telephone or via email for an initial FREE consultation and further information about DUI Section 10 Dismissal.