Drink Driving and the penalties over the Christmas Holiday Season

Double Demerit Points are in operation over the Xmas period, until the 4th January!

Don’t become a statistic!

 

In a recent Christmas Random Breath Test operation in Sydney’s west arrested 54 drivers over two days for drink driving offences. According to NSW Police this equates to one drink driver every three minutes.

In NSW the penalties for drink driving offences will depend on whether the offence falls under a low-range, mid-range or high-range drink driving offence. A low-range drink driving offence means having a blood alcohol content of over 0.05 to 0.79. A mid-range drink driving offence means having a blood alcohol content of 0.08 to 0.149 and a high-range offence means having a blood alcohol content over 0.5.

 

If you are charged with a drink driving offence over the Christmas holiday period you need to make sure you have legal representation to ensure that all the circumstances surrounding your offence are put before the Court. This includes mitigating factors – for example, a number of people are caught drink driving over the holiday period the morning after a Christmas party and were driving in the belief that they were not over the limit.

 

Double Demerit Points over the Christmas Holiday Season

 

Double Demerits will be applied to all speeding, seatbelt and helmet offences from the 24th December to the 4th January.

 

Drivers in NSW with an unrestricted driver’s licence can accumulate up to 13 demerit points over a three year period before they have their driver’s licence suspended. With the double demerit point system in place over the Christmas holiday period the accumulation of points can happen very quickly.

 

Set out in the below table are the demerit points you will accumulate over the Christmas period for speeding, seatbelt and helmet offences (based on a driver with an unrestricted driver’s licence):

 

Driving Offence Demerit Points Double Demerit Points
Exceeding the speed limit by less than 10km/hr 1 point 2 points
Exceeding the speed limit by more than 10km/hr 3 points 6 points
Exceeding the speed limit by more than 20 km/hr 4 points 8 points
Exceeding the speed limit by more than 30 km/hr 5 points 10 points
Not wearing a seatbelt 3 points 6 points
Having an unrestrained passenger in the vehicle over 16 years of age 3 points 6 points
Having a child in the vehicle not in a child restraint or an approved child restraint 3 points 6 points
Riding motorcycle with no helmet 3 points 6 points
Having a pillion passenger on motorcycle with no helmet 3 points 6 points

 

Do I need legal advice?

If you are charged with a drink driving offence or a speeding, helmet or seatbelt offence over the Christmas holiday season it is always a good idea to seek legal advice. This advice will cover the penalties that apply and any avenues available to appeal or challenge the charges.

If you have been caught drink driving or charged with a speeding, seatbelt or helmet offence over the Christmas Holiday Season you need to speak to Frank Boitano, an expert in Traffic and Criminal Law. Double demerits can affect your 2015 in more ways than you think!

Call Barwick Boitano today on (02) 9630 0444 or email onfjb@bblawyers.com for an appointment.

Easy parking directly opposite the practice and convenient to local transport!