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If you’ve been charged with drug possession, you’ve probably heard someone say, “Just get a Section 10.” While a Section 10 dismissal can allow a person to avoid a criminal conviction, it is not automatically available, even for a first offence. Whether a court grants a Section 10 depends on the individual circumstances of your case and your personal background. For many people, avoiding a criminal conviction is one of the most important objectives because a criminal record c

One of the biggest concerns for people charged with drug possession is whether they will end up with a criminal record. The answer is possibly. In some cases, NSW courts have sentencing options that allow an offender to avoid a criminal conviction. Whether that outcome is available depends on the individual circumstances of the case, the seriousness of the offence and the offender’s personal background. A criminal record can affect employment opportunities, professional licen

One of the first questions people ask after being charged with drug possession is whether they are going to jail. The short answer is yes, imprisonment is available, but it is not the outcome in every case. Whether you receive a prison sentence depends on several factors, including the type and quantity of drugs involved, your criminal history and the circumstances surrounding the offence. Many first-time offenders receive penalties other than imprisonment, particularly where

Many people are shocked to learn they can be charged with drug supply even if police have no evidence they sold, exchanged or gave drugs to another person. Under NSW law, possessing more than a prescribed quantity of certain prohibited drugs can create a legal presumption that the drugs were possessed for the purpose of supply. This is known as deemed supply. A deemed supply allegation is far more serious than simple drug possession and can expose you to significant penalties

Drug supply is one of the most serious drug offences under New South Wales law. A conviction can carry severe consequences, including a criminal record, lengthy licence implications in some circumstances and, for more serious offending, imprisonment. Many people mistakenly believe they can only be charged with drug supply if they sell drugs for money. However, NSW law defines supply much more broadly. A person can be charged even where no money changes hands. If you’ve been c

Drug possession is one of the most common criminal offences prosecuted in New South Wales. Every year, thousands of people are charged after police allegedly find prohibited drugs on their person, in their vehicle or at their home. However, simply being near drugs does not automatically mean you are guilty of possessing them. The prosecution must prove each element of the offence beyond reasonable doubt before you can be convicted. If you have been charged with drug possessio

What Happens If You Are Caught with Drugs in NSW? Being caught with drugs can be a frightening experience, particularly if you have never been in trouble with the police before. Many people immediately wonder whether they will go to jail, lose their job or end up with a criminal record. The outcome depends on a range of factors, including the type of drug, the quantity involved, whether police allege possession or supply, your criminal history and the circumstances of the off

The short answer is no. In New South Wales, police have broad statutory powers to conduct Random Breath Testing (RBT) to detect drink driving offences. If a police officer lawfully requires you to submit to a roadside breath test, refusing to comply is itself a criminal offence. Many drivers mistakenly believe they can simply decline the test because they have not committed another offence or because they believe police have no reason to stop them. That is incorrect. Unlike m

Yes. Many people believe that if police do not stop them immediately after driving, they cannot later be charged with a drink driving offence. That is not always correct. In New South Wales, police have statutory powers to investigate drink driving offences after the alleged driving has occurred. Depending on the circumstances, an investigation may continue even if police do not locate the driver until some time later. However, proving a drink driving offence hours after some

It depends. Many people assume that once they have arrived home and parked their vehicle, police can no longer require them to undergo a breath test. That assumption is often incorrect. In New South Wales, police have extensive powers to investigate suspected drink driving offences. In some circumstances, those powers extend beyond the roadside and may allow police to require a breath test or breath analysis after a driver has entered private property. However, those powers a

Refusing to provide a breath sample when lawfully required by police is a serious offence in New South Wales. Many drivers mistakenly believe that refusing a roadside breath test will prevent police from proving they were over the legal alcohol limit. In reality, refusing a lawful breath test or breath analysis can result in criminal charges that often carry penalties comparable to, or even more severe than, some drink driving offences. A refusal may lead to: a criminal convi

Yes. In most circumstances, police in New South Wales have broad powers to require drivers to undergo roadside breath testing without needing a warrant, reasonable suspicion or evidence that an offence has been committed. Random Breath Testing (RBT) is one of the primary ways police detect drink driving offences throughout New South Wales. Every day, thousands of motorists are lawfully stopped and required to provide a breath sample, even if they have been driving perfectly a

Yes. If you have been convicted of a drink driving offence in the Local Court of New South Wales, you may have the right to appeal the conviction, the sentence imposed, or both. For many people, the consequences of a drink driving conviction extend well beyond a fine. A conviction may result in a lengthy licence disqualification, participation in the Alcohol Interlock Program, a criminal record, higher insurance premiums, difficulty obtaining employment and, in more serious c

One of the most common questions people ask after being charged with drink driving is whether they are still allowed to drive before their court date. The answer depends on the type of drink driving offence you have been charged with. Some offences result in an immediate licence suspension by police, while others allow you to continue driving until your matter is finalised in court. Understanding your licence status is important because driving while suspended is a separate c

If you have been charged with drink driving in New South Wales, one of the first questions you are likely to ask is: What penalties could I receive? The answer depends on several factors, including your blood alcohol concentration (BAC), whether it is your first offence, your driving history and the circumstances surrounding the incident. Drink driving offences are treated seriously by NSW courts and can result in significant fines, licence disqualification, alcohol interlock

If you have been charged with a drink driving offence in NSW, you may be wondering whether you can avoid having an alcohol interlock device installed in your vehicle. For many serious drink driving offences, an alcohol interlock order is mandatory unless a court is satisfied that a recognised exemption applies. Whether you can avoid participating in the interlock program depends on the offence, your circumstances and the legislation that applies. If you have been charged with

If NSW Police require you to undergo a blood test, you may wonder whether you have the right to refuse. In many situations, refusing a lawful requirement to provide a blood sample is a criminal offence that carries serious penalties, including fines, licence disqualification and, in some cases, imprisonment. Refusing a blood test does not necessarily prevent police from prosecuting you. Instead, it may result in separate offences that can have significant consequences. If you

Can you refuse a breath test in NSW? Many drivers ask this question after being stopped by police. Some believe refusing a breath test will prevent police from proving they were over the legal alcohol limit. However, refusing to comply with police requirements can itself result in serious criminal offences and significant penalties. If you have been charged with refusing a breath test, understanding your legal obligations and obtaining legal advice early is important before a

For many years, courts in New South Wales had the power under section 10 of the Crimes (Sentencing Procedure) Act 1999 to deal with certain offences without recording a criminal conviction. Although that legislation has since changed, many people still refer to any non-conviction outcome as a “Section 10.” As a result, the phrase continues to be widely used by people searching for legal information online. Does Section 10 Still Exist? The former Section 10 provisions have bee

Being charged with Low Range Drink Driving, also known as Low Range Prescribed Concentration of Alcohol (PCA), can be an unsettling experience, particularly if you have never been in trouble with the law before. Although Low Range PCA is the least serious prescribed concentration of alcohol offence, it is still a criminal offence that can have significant consequences depending on the circumstances of your case. If you have recently been charged, understanding the legal proce