Drink Driving Offences

Have you been charged with a drink driving offence or driving under the influence of drugs? Then, you should contact us for the best advice and minimise the legal problems that can follow. Kalpage and Co Solicitors are an experienced firm of drink driving lawyers who will help you get the best results. Chris Kalpage has 30 years of experience in dealing with these matters.
We have attained excellent outcomes for clients. If you want to obtain the best outcomes and avoid or minimise your disqualification period then you should talk to Chris Kalpage.
We value your time and also in this highly competitive market, give personalized attention to all our clients.

Police Pursuits

Any driver involved in a police pursuit can be charged with a serious offence under the Crimes Act. One of the pivotal issues is whether the Driver knew or ought to reasonably know, or have reasonable grounds to suspect that he/she is being pursued and required to stop.
Often a pursuit may commence from a police vehicle being a long way behind. For example, a police vehicle being in hiding and pursuing a speeding motorist who has gone past. If it involves a highway patrol vehicle it is imperative to view the in-car video which can illustrate whether any indication existed from the driver’s actions supporting the police contention or any other relevant matters that might emerge from the video that can assist the preparation of a defence.

Apprehended Violence Orders

These are often combined with Charges of Assault pursuant to the Crimes Act and Stalk Intimidate pursuant to section 13 (1) Crimes (Domestic and Personal Violence) Act 2007. If you are in a situation where you have an argument that escalates to a threat of physical violence or actual physical violence these charges may flow with the AVO.

If arrested and charged for the above bail may be granted and often the bail conditions are the same as the AVO terms. The Police will often make a provisional order. The Court, in turn, can grant Interim Orders pending a final determination.

Arrested and Refused Bail

In situations where you have been arrested and refused bail by the police, you will often be put before the court at the earliest opportunity as you are being held in custody. Often on this appearance, you can make a bail application. Due to ever-changing and strict bail laws you should seek legal advice and have a properly prepared bail application, for if rejected you may not have a right to make another application. Depending on the facts of the alleged offences and your personal matters relevant to a bail application your lawyer may suggest you not making a bail application on the first appearance and may want time to get as many relevant matters addressed before making a bail application to the court.

Road Rage

Today in the ever increasing stress of traffic congestion and rush, events of aggression between drivers’ of vehicles are more common. With the prevalence of mobile phone cameras and dashboard cameras, there is a high probability that either the participants in the altercation or bystanders will video the event. Accordingly, there are more charges arising from these incidents.
Even if the police decide not to lay charges of predatory driving they can lay other charges such as Drive Manner Dangerous, or Negligent Driving, or various assault charges amongst others.
Such matters may proceed under the charge of predatory driving and in addition to a fine has a maximum penalty of 5 years imprisonment.
The types of driving caught by this legislation can include, extremely aggressive driving, tailgating and road rage.

Mandatory Interlock System – Driving Offences

Commencing from 1 February 2015 there were amendments made to the act which replaced the discretionary interlock program with a mandatory one and applies to all drink driving offences committed after 1 February 2015.

Under the new scheme those on the program will be expected to have a zero (0) blood alcohol level while driving (previously .02)

WHO IS CAUGHT UNDER THE SCHEME:

All High Range PCA,
Refuse or fail to provide breath analysis or fail to provide blood sample.
Any second or subsequent offence of Novice PCA, Special PCA, Low Range PCA, Mid Range PCA, and Drive Under the Influence ( DUI ).

Assault and Assault Occasioning Actual Bodily Harm

There are numerous potential criminal charges arising out of an act of violence perpetrated by one person on another the most common are:

Common Assault is governed by section 61 of the Crimes Act NSW.

In essence, any act that involves physical contact with another or a threat of physical violence if it places the person in fear of immediate physical harm can constitute the offence.

 

Suspended License NSW

There are many ways one can lose a drivers licence some examples are;
Suspension by The Roads And Maritime Services (RMS) formerly the RTA for a number of reasons some of them are:
  • Demerit Points,
  • Speed over 30 and 45,
  • Habitual Offenders,
  • Suspension by the police
  • Disqualification by the Courts
It is imperative to seek legal advice as soon as any driving offence occurs to minimise this risk. Our principal Chris Kalpage has over 34 years experience fighting for clients to prevent or minimise licence loss and travels to courts all over New South Wales to represent clients. We are highly experienced and compassionate and are committed to offering complete guidance to clients who are looking for speedy resolutions to their matters.

Drive Manner/Speed Dangerous

The offence of driving in a manner or speed dangerous is a criminal offence and is considered seriously by courts and which is reflected in the penalties. Often Police will charge a person who has been alleged to be speeding over 45 km/h with Drive Speed Dangerous.
PENALTIES
The maximum penalty is a fine of $2,200 and /or imprisonment for 9 months. If the offence is a second or subsequent offence, the maximum penalties increase to a fine of $3,300 and/or imprisonment for 12 months. A second or subsequent offence means that you have either been convicted of a previous offence of driving in a manner dangerous within the past 5 years or another earlier “major offence”, for example, drink driving, in the past 5 years.

Suspended License NSW

You will be charged for driving while suspended if it is found that you were driving a motor vehicle during the suspension period imposed by the RMS. But, it does not mean that you are automatically guilty of the offence. If you were not aware of your suspension by the RMS, then you may not be guilty of the offence.
The law will consider the defence of “honest and reasonable mistake of fact’. You need to establish that at the relevant time you were not aware of suspension. You should contact a lawyer at the earliest opportunity before going to court.

Sentencing Options

PENALTIES

Dismissal and conditional discharge,
Pursuant to s10 Crimes Sentencing Procedure Act, the court can find the offence proven but not proceed to conviction and the matter can be dismissed with or without conditions Bond, Pursuant to s9 Crimes Sentencing Procedure Act the court can impose a good behaviour bond for a period of time. If the bond is breached during the period it can be called up and the court can sentence on that matter.

Habitual Offenders

A holder of a licence can be declared an habitual offender if  you are found guilty of 3 serious offences, within 5 years by the courts. A person will be disqualified from driving for 5 years unless a court rules otherwise. This will be in addition to any disqualification resulting from the third major offence.

Dangerous Driving Cause Death/Grievous Bodily Harm

Dangerous driving occasioning death is satisfied if the vehicle driven by the driver is involved in an impact occasioning the death of another and the driver was, at the time of the impact, driving the vehicle:

(a) under the influence of intoxicating liquor or of a drug, or
(b) at a speed dangerous to another person.
(c) in a manner dangerous to another person.
A conviction for this offence could result in imprisonment for 10 years.
Aggravated dangerous driving occasioning death is satisfied if a person commits the offence of dangerous driving occasioning death in circumstances of aggravation.
A conviction for an offence under this subsection could result in imprisonment for 14 years.

Prosecutors are generally well resourced and organised.

Prosecutors are generally well resourced and organised.  Kalpage & Co. Solicitors are ready to take up challenges that come their way and are experienced enough to handle any criminal case. We have the ability to handle a diverse clientele.

Our main objective is to assist our clients in defending the charges that they face with skill, precision and most importantly an understanding of the stress that they are under.

The NSW police as well as other law enforcement agencies have significant resources and are proficient at collecting evidence that supports their prosecution case. This is the reason why you should enlist the services of an experienced criminal lawyer at the earliest opportunity to begin to formulate your defence.

Our main aim is to offer our clients top quality legal advice and also give them the personal attention they deserve.

Kalpage & Co. Solicitors are available for urgent bail applications that may also include weekend bail applications.