Pleading Guilty to a drink driving offence
What will happen in court?
In a guilty plea, your lawyer from Doogue & O'Brien Barristers & Solicitors will confirm that you are pleading guilty to the Magistrate in your presence.
The prosecutor will read out the Police version of what happened on the day you were caught. If you have any prior appearances for drink driving or criminal history the Prosecutor will tender a copy of them to the Magistrate.
We will provide written character references to the Magistrate and make submissions on your behalf. We are acting on your behalf so it is very unlikely that you will have to talk.
If you do get asked a question you should stand up when the Magistrate is speaking to you and refer to the Magistrate as “Your Honour”. You should respond honestly to the questions.
We will guide you through all the processes and explain everything to you along the way.
The Magistrate will consider the facts presented by the police and the submissions made by your lawyer when deciding the appropriate penalty to be imposed.
The Magistrate will usually make a decision on the spot and impose a sentence. There is a right to appeal any decision of a Magistrate and so we can lodge an appeal for you on the day if you do not like the penalty the Judge has imposed.
Following is a list of penalties (ranked in seriousness) that could be imposed by the court.
- No criminal conviction and no loss of licence
- Fine – with or without conviction
- Good behaviour bond – with or without conviction a bond to be of good behaviour
- Community Based Order – Unpaid work in the community can be without conviction
- Suspended prison sentence – A prison sentence which is suspended and hangs over you for a period of time. If you stay out of trouble you do not have to go to prison.
- Intensive Corrections Order – Unpaid community work twice a week plus reporting conditions
- Home detention – A gaol sentence served at your home
- Gaol/prison – Full time custody in a prison
