Question 1

Will I lose my licence for drink driving in NSW?

Accepted Answer

It depends on the range of the offence and your record. Low range PCA can attract a fine and short disqualification, while mid and high range carry longer disqualification periods and, for some offences, a mandatory alcohol interlock. In appropriate cases we argue for a section 10 dismissal or a Conditional Release Order so that no conviction is recorded and no disqualification applies. Every matter turns on its facts, so early advice is important.

Question 2

What is a Section 10 dismissal?

Accepted Answer

Under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) a court can find an offence proven but dismiss it without recording a conviction, sometimes with conditions under a Conditional Release Order. For a driver this can mean keeping your licence and avoiding a criminal record. We prepare the supporting material courts look for, including references and evidence of the impact a conviction would have.

Question 3

Can I appeal a licence suspension in NSW?

Accepted Answer

Many suspensions can be appealed to the Local Court, including certain police and Transport for NSW suspensions, but strict time limits apply, often 28 days. We move quickly to lodge the appeal and prepare hardship and safe-driving arguments. Time is critical, so contact us as soon as you receive a suspension notice.

Question 4

Do I need a lawyer for a traffic offence?

Accepted Answer

You are entitled to represent yourself, but a traffic lawyer can identify defences, negotiate with police, and present the sentencing arguments that give you the best chance of keeping your licence and avoiding a conviction. Your first consultation with Mikhael Lawyers is free and confidential.