Section 10 Drink Driving NSW | Can You Avoid a Conviction?

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 been replaced under the current sentencing legislation.

Today, courts apply the sentencing powers contained in the Crimes (Sentencing Procedure) Act 1999, as amended.

While many people continue to use the phrase “Section 10”, the court applies the current law when determining whether a conviction should be recorded.

Can You Avoid a Conviction for Drink Driving?

Whether a conviction is recorded depends on:

• the offence charged;

• the applicable legislation;

• the available sentencing options;

• the facts of your case.

There is no automatic entitlement to avoid a conviction simply because it is your first offence or because you have a good driving record.

Our guide ⁠Can I Avoid a Criminal Record for Drink Driving in NSW? explains this issue in greater detail.

What Factors Does the Court Consider?

When deciding the appropriate sentence, the court may consider matters including:

• the seriousness of the offence;

• your blood alcohol concentration (BAC);

• whether anyone was placed at risk;

• your driving history;

• previous criminal history;

• evidence of remorse;

• rehabilitation;

• character references;

• your personal circumstances.

Every matter is determined on its own facts.

Does It Matter If This Is My First Offence?

Many people asking about a Section 10 have never previously appeared before a court.

A clean criminal record and good driving history may be relevant considerations during sentencing, but they do not automatically determine the outcome.

If this is your first offence, read ⁠First Offence Drink Driving in NSW.

Does the Type of Drink Driving Matter?

Yes.

The category of drink driving offence may be relevant to the sentencing options available.

If you have been charged with:

• ⁠Low Range Drink Driving in NSW

• ⁠Mid Range Drink Driving in NSW

• ⁠High Range Drink Driving in NSW

you should obtain legal advice based on the specific offence alleged.

Should I Plead Guilty?

Whether you should plead guilty depends on the circumstances of your case and should only be decided after obtaining legal advice.

Before entering a plea, it is important to understand the prosecution evidence and the legal issues involved.

Learn more in ⁠Should I Plead Guilty to Drink Driving in NSW?.

How Can a Lawyer Help?

Every drink driving case is different.

Obtaining legal advice early allows your circumstances to be properly considered before your court date.

A lawyer may assist by:

• reviewing the prosecution evidence;

• advising you about the available sentencing options;

• preparing sentencing submissions;

• obtaining character references;

• representing you in court.

An experienced ⁠Drink Driving Lawyer Sydney can advise you throughout the process.

Conclusion

Although many people still search for a “Section 10” after being charged with drink driving, the law has changed and courts now apply the current sentencing legislation. Whether a conviction is recorded depends on the offence, the facts of your case and the sentencing powers available to the court.

If you have been charged with drink driving in NSW, Michael Confos provides legal representation for clients throughout Sydney. Learn more about our ⁠Drink Driving Lawyer Sydney services and how we may assist.

Disclaimer

The information contained in this article is provided for general informational purposes only and does not constitute legal advice. It should not be relied upon as legal advice or as a substitute for obtaining legal advice tailored to your individual circumstances. Every criminal matter depends on its own facts and the applicable law. Reading this article does not create a solicitor-client relationship. Michael Confos is not your lawyer. You should obtain independent legal advice from a qualified Australian legal practitioner regarding your specific circumstances.