Drink & Drug Driving Lawyer In Liverpool

Experienced lawyers in traffic law and drug offences

Driving & Traffic Offences

Our lawyers are experienced in traffic law and can assist you in obtaining the best possible outcome.

We understand that there are serious consequences when someone is charged with driving related offences. Losing your licence could potentially mean losing your employment and cause many other inconveniences to your life. We know the Court system and the law and will make sure we relentlessly fight for you.

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Drink / Drug Offences

Our lawyers at Criminal Law Group regularly appear in the Local and District Court representing clients for drug related offences.

We have achieved exceptional results in very serious matters of supplying large commercial quantities and importation, as well as minor drug possession matters.

It is important to receive comprehensive advice on a drug supply charge at the earliest opportunity in order to obtain a tactical advantage to determine whether the best course of action is to negotiate the matter or defend the matter at Trial.

The outcome on sentence is determined with reference to the quantity of the drug, the motivation for supplying the drugs (financial gain or to fund a drug habit) and the placement of offender in a hierarchy.

Novice Range Drink Driving

The offence of Novice Range PCA is commonly committed by drivers who hold a learners or provisional license and is caught driving with a blood alcohol concentration above 0.00 and up to 0.019.

The maximum penalty for this charge varies from case to case. Generally, there is an automatic suspension period of 6 months, which can be reduced depending on the circumstances of the case.

However, the penalties will be more serious when the offender has previously been convicted of drink driving.

Who can be charged with a Novice Range PCA charge?

An individual who is subject to a zero-alcohol limit may be charged with a Novice Range PCA charge.

Typically, this applies to provisional and learners license holders, however, individuals who are driving while suspended or are subject to strict licence conditions may also be charged with Novice Range PCA.

Will I get a criminal record for a Novice Range Driving PCA charge?

It is likely that a criminal conviction will be recorded. The Courts consider drink driving to be a serious offence, and therefore the starting point for the sentencing Court is the recording of a criminal conviction, accompanied by a fine and a period of licence disqualification (commonly six months). Novice range PCA is considered to be a serious offence due to the zero limit for drivers to whom it applies.

Is it possible to avoid a criminal conviction for a Novice Range PCA charge?

Yes, it may be possible to avoid a criminal conviction if the Court decides to impose a Conditional Release Order (CRO).

Will I need a lawyer to represent me for a Novice Charge PCA?

If you are concerned about having a criminal conviction or a loss of licence, then it is advisable to have a solicitor represent you in Court.  An experienced lawyer possesses a lot of knowledge about the law and methods that can potentially mitigate your sentence to prevent you from being criminally convicted and assist you in maintaining your driver’s license.

Special Range Drink Driving

The offence of special range PCA is committed by an individual driving a vehicle with a blood alcohol level of 0.02-0.049.

The maximum penalty for this charge varies depending on a number of aspects, including whether this is a first-time offence. The starting point in sentencing would be to record a criminal conviction, impose a fine and suspend the offender’s licence. The automatic disqualification period for a first offender is six months. The automatic disqualification period for a repeat offender is 12 months.  However, this can be reduced depending on the circumstances of the case.

Importantly, offenders that are convicted of low range drink driving must participate in the interlock program.

Who can be charged with Special Range PCA charge?

An individual who is subject to a zero-alcohol limit may be charged with a Special Range PCA charge.

Typically, this applies to provisional and learners license holders, however, individuals who are driving while suspended or are subject to strict licence conditions may also be charged with Special Range PCA. It will also apply to bus drivers and taxi drivers who are usually subject to a 0.02 limit while operating a bus or taxi service.

Will I get a criminal record for a Special Range Driving PCA charge?

It is very likely that a criminal conviction will be recorded. The Courts consider drink driving to be a serious offence, and therefore the starting point for the sentencing Court is the recording of a criminal conviction, accompanied by a fine and a period of licence disqualification. Special range PCA is considered to be a serious offence due to the zero limit for drivers to whom it applies.

Is it possible to avoid a criminal conviction for a Special Range PCA charge?

Yes, it may be possible to avoid a criminal conviction if the Court decides to impose a Conditional Release Order (CRO).

Will I need a lawyer to represent me for a Special Range Charge PCA?

If you are concerned about having a criminal conviction or a loss of licence, then it is advisable to have a solicitor represent you in Court.  An experienced lawyer possesses a lot of knowledge about the law and methods that can potentially mitigate your sentence to prevent you from being criminally convicted and assist you in maintaining your driver’s license.

Low Range Drink Driving

The offence of Low Range PCA is committed by an individual driving a vehicle with a blood alcohol concentration from 0.05 to 0.079.

The maximum penalty for this charge varies depending on a number of factors, including whether the person is a first offender or repeat offender. The starting point in sentencing first offenders is to record a criminal conviction, impose a fine and suspend the offender’s licence of a period of six months.  However, this can be reduced depending on the circumstances of the case.

Will I get a criminal record for Low Range PCA charge?

It is very likely that a criminal conviction will be recorded. The Court consider drink driving to be a serious offence, and therefore the starting point for the sentencing Court is the recording of a criminal conviction, accompanied by a fine and a period of licence disqualification.

Is it possible to avoid a criminal conviction for a Low Range PCA charge?

Yes, it may be possible to avoid a criminal conviction if the Court decides to impose a Conditional Release Order (CRO).

Will I need a lawyer to represent me for a Low Range PCA Charge?

If you are concerned about having a criminal conviction or a loss of license, then it is advisable to have a solicitor represent you in Court.  Experienced lawyers possess knowledge about the law and methods that can potentially mitigate your sentence to prevent you from being criminally convicted and assist you in maintaining your driver’s license.

Mid-Range Drink Driving

The offence of mid-range PCA is committed by a person driving a vehicle with a blood alcohol concentration ranging between 0.08 to 0.149.

If you are convicted by a Court, which is the most probable outcome, the maximum penalty is imprisonment for 9 months, a period of suspension (usually 6 months) and a fine of $2200 for a first-time offender.

However, the penalties are more serious for repeat offenders where the maximum penalty is imprisonment for 12 months, a period of suspension (usually 12 months) and a fine of $3300.

Importantly, offenders that are convicted of mid range drink driving must participate in the interlock program.

Will I get a criminal record for a Mid-Range PCA charge?

Most probably, the Courts view all levels of drink driving as serious offences.  The Courts impose considerably stricter penalties for mid-range driving than those imposed for low range drink driving due to the higher amount of alcohol in the offender’s body.  The starting point for a sentencing Court in a mid-range drink driving matter will be recording a criminal conviction.

Is it possible to avoid a criminal conviction for a mid-range PCA charge?

In limited circumstances, it may be possible to avoid a criminal conviction if the Court decides to impose a Conditional Release Order (CRO).

Is it possible to avoid having my license disqualified for a Mid-Range PCA charge.

In limited circumstances, it may be possible to avoid a licence suspension if the Court decides to impose a Conditional Release Order (CRO).

Will I need a lawyer to represent me for a Mid-Range PCA Charge?

It is vital to bear in mind that even though drink driving may not be seen as a major offence, it is taken very seriously by the Courts, especially in mid to high range cases.  It can also be very confronting for a person who has no experience with the criminal justice system to find themselves facing this type of charge. Experienced lawyers possess knowledge about the law and methods that can potentially mitigate your sentence to assist you in achieving the best possible outcome.

High Range Drink Driving

The offence of high range PCA is committed by a person driving a vehicle with a blood alcohol concentration of or exceeding 0.150.

Penalties differ from case to case.  For example, for a first offender, the maximum penalty is recording a criminal conviction accompanied by an 18-month imprisonment, a licence suspension for 3 years and a fine of $3300. The penalties are more serious for repeat offenders where the maximum sentence imposed is imprisonment for 2 years, accompanied by a licence suspension for 5 years and a fine of $5500.

Importantly, offenders that are convicted of high range drink driving must participate in the interlock program.

Will I get a Criminal Record For a High Range Drink Driving Charge?

It is likely that a criminal conviction will be recorded. The Courts consider high range drink driving be a serious offence. The severity of the penalty depends on many factors. This includes the level of alcohol in the offender’s blood or breath and whether the offender was driving erratically. The penalties can be severe, and some form of custodial sentence may be imposed on the offender.

Is it possible to go to Jail for a High Range PCA Charge?

Yes.  It is not uncommon for the Courts to impose a custodial sentence in High range drink driving matters.  However, the Courts consider a number of factors in deciding whether or not to impose a custodial sentence, these factors are determined on a case-by-case basis but they include the level of alcohol in your blood, whether there was a collision and your traffic record.

Will I need a lawyer to represent me for a High Range PCA Charge?

The offence of High Range drink driving is a serious offence, and the Courts will sentence you accordingly.  It is important to bear in mind the consequences of a severe sentence such as a custodial one.  It can also be very confronting for a person who has no experience with the criminal justice system to find themselves facing this type of charge.  Experienced lawyers possess knowledge about the law and methods that can potentially mitigate your sentence to assist you in achieving the best possible outcome.

Refuse Breath Analysis

A person will be charged with a refuse breath analysis offence if that person was driving a vehicle and fails to provide a breath sample when ordered to do so by police.

Will I get a Criminal Record for a Refuse Breath Analysis Charge?

It is likely that a criminal conviction will be recorded. The Courts and the legislature consider this offence to be extremely serious in nature.  The sentences that apply to this offence are the same as the penalties applicable to a high range PCA offence. This is to avoid situations where the person refuses a breath analysis assuming that they will be sentenced for a lesser penalty if they are aware that they are significantly over the legal limit. The penalties are severe, and some form of custodial sentence can be imposed on the offenders.  This will be accompanied by a criminal conviction.

Is it Possible to go to Jail for a Refuse Breath Analysis Charge?

Yes, it is not uncommon for the Courts to impose a custodial sentence for a Refuse Breath Analysis Charge.  However, the Courts consider several factors in deciding whether or not to impose some type of a custodial sentence, these factors are determined on a case-by-case basis, but they include; whether there was a collision, your traffic record, the objective seriousness and the personal circumstances of the offender.

Will I Need a Lawyer to Represent me for a Refuse Breath Analysis Charge?

The offence of Refusing a Breath Analysis is a serious offence, and the Courts will sentence you accordingly.  It is important to bear in mind the consequences of a severe sentence such as a custodial one.  It can also be very confronting for a person who has no experience with the criminal justice system to find themselves facing this sort of charge.  Experienced lawyers possess a lot of knowledge about the law and methods that can potentially mitigate your sentence to assist you in achieving the best possible outcome.

What does it mean to have a criminal conviction recorded?

Having a criminal conviction can result in grave consequences.  Many employers will conduct a background check on potential employees as part of the standard recruitment process including a police check. A police check would reveal any criminal convictions recorded against your name, and the charge for which it was recorded. This may impact the employer’s decision in whether or not to employ you.  A criminal conviction will stay on your record for a minimum period of 10 years.

In certain professions, a criminal conviction may need to be reported to a regulatory body. For example, a member of the legal profession must report any criminal convictions to the relevant law society who will then decide as to whether that legal practitioner is of a fit and proper person and if they will be allowed to continue to practice law.

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A criminal conviction may also affect overseas travel. Most countries require visitors to obtain a visa prior to entering the country. As part of the visa process, you will more than likely need to disclose any criminal convictions. Depending on the policy of the country for which the visa is being sought, your visa may or may not be granted based on the person’s criminal record.

A criminal record will also make it extremely difficult to obtain a government job such as teaching, this is due to the stringent requirements of these types of jobs.

Interlock Orders

What is an Interlock Order?

An interlock order is an order imposed by the sentencing Court.  It is a Court order disqualifying you from driving and, after the completion of the disqualification period, requires you to obtain an ‘interlock drivers licence’ and participate in the interlock program for a specific period of time.

The interlock program requires an offender to install an interlock device in their vehicle.  The device is linked to the ignition system of the vehicle.  The driver must complete a breath test at the commencement of the driving journey and at other random times.  A log is also maintained of the number of times this occurs which can be viewed by Police and can potentially lead to further charges.

Are there any exemptions from the interlock order?

Yes, but you must show the Court that imposing an order of such type will cause great hardships to you or that you have a medical condition that prevents you from providing sufficient breath sample to operate an interlock device.

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Our lawyers at Criminal Law Group regularly appear in the Local and District Court representing clients for drug and traffic offences.

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