Pleading Not Guilty to a drink driving offence
What will happen in court?
In a not guilty plea, your lawyer from Doogue & O'Brien will have obtained the Police Brief. A brief of evidence contains all the evidence that the Police intend to rely upon at the hearing of the matter. Generally, Police are not able to call additional evidence that was not contained in the brief of evidence and served on you some reasonable time prior to the hearing.
It is necessary sometimes to subpoena a person or organisation to produce documents that may help your case. If a subpoena is issued, your lawyer will obtain a further mention date prior to the hearing to allow plenty of time to inspect the documents prior to the hearing.
Procedure at the hearing
The Test - the Police must prove that you are guilty of the offence beyond a reasonable doubt. If the Magistrate has a reasonable doubt than they must dismiss the charge.
Proving the Police Case - the Police Prosecutor who represents the Police Informant will call witnesses to try and prove you guilty of the drink driving charge. Issues may arise that your lawyer will object to as being inadmissible. After the Police Prosecutor has finished asking the witness questions your lawyer may cross examine the witness. After your lawyer has finished cross examining the witness the Police Prosecutor will be able to clarify any answers in re-examination. After all witnesses have given evidence the Police Prosecutor will close the Police case.
Proving a Prima Facie Case - before you are required to answer the Police case, the Magistrate has to decide whether taking the Police case at its highest you could be lawfully convicted of the offence. Your lawyer is able to make submissions to the Magistrate as to why you could not be lawfully convicted.
Submissions – Why you should not be convicted - your lawyer can make submissions as to why you should not be convicted of a drink driving charge. These submissions can be made without you having to give evidence.
The Defence Case - If you do end up giving evidence, then you normally give evidence first. Your lawyer will asks you a number of questions so that you give all relevant evidence. You should remember that it is the Magistrate who is deciding the case so speak up and pay attention to any quesitons they might ask.
Submissions - After all witnesses intended to call have given evidence, your lawyer will make submissions after the Police Prosecutor upon the evidence given. The Magistrate will make their decision on the evidence given and will normally make a decision shortly after submissions are given by both parties. The Magistrate will find you either guilty or not guilty. If you are found not guilty you may be able to claim your legal costs in some limited cases. If you are found guilty then you will be sentenced.
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
