A member asked about 8 years ago

Son on P plates charged with drink driving

Hi. Our son who is 18 and on his P plates drove home on Saturday night after having alcohol and was booked with a .02 reading. He has a court date on Jan 19. What should we do to prepare for this?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. In New South Wales, a person holding a provisional P1 or P2 licence must not drive a motor vehicle whilst their blood alcohol concentration exceeds zero. This means that you cannot have any alcohol in your system when driving on a P1 or P2 licence. From the information you provided, it appears that your son has broken this law and been charged with an offence.

When a person is charged with a criminal offence, they have the option of pleading guilty or not guilty. If your son decides to plead guilty, he will be admitting to the Court that he committed the offence of drink driving, as alleged by the police. The Magistrate, the person presiding over the hearing, will then decide an appropriate penalty.

The Magistrate must first consider a number of factors, such as the circumstances in which the offence occurred, the danger posed to the community, and the need to deter your son from reoffending. The Magistrate must also consider the personal circumstances of your son, such as his personal character and any previous driving or criminal offences. The Court will also consider any remorse or acceptance of responsibility shown by your son.

After taking the above factors into account, the Magistrate will decide whether or not to impose a penalty. If a penalty is imposed, it may be a fine of up to $1,100 and/or licence disqualification for a period of 3 to 6 months. The penalties will be higher if your son has previously been charged with the same offence.

If your son is intending to plead not guilty, the court process is more complex as he would be disputing the evidence the police have about his blood alcohol concentration. You would need to engage a lawyer to represent your son in court if he intends to plead not guilty.


Suggested way forward

If your son intends to plead guilty, he should prepare for the hearing by collecting written character references or other supporting documentation before the court date. The Magistrate may want to view these documents at the hearing. Your son should also be prepared to answer questions from the Magistrate about his offending conduct and personal circumstances.

For a greater understanding of what is involved in the court process and how to prepare, or if your son is intending to please not guilty, you should consider engaging the services of a lawyer. By pressing the “Take Action” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered about 8 years ago   Legal disclaimer

Mai  Truong
1 lawyer agrees with this answer
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Mai Truong

Hi, I am a lawyer who does these kind of matters. I agree with above posting. I just do the legal practical work in court for the above stated. So is you need a lawyer for your son's matter, please contact Mai on 0416 283 182. Thanks

about 8 years ago

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