• Litigation and Court Appearances •
Prescribed Concentration of Alcohol [PCA]
Once you have been charged with driving with the Prescribed Concentration of Alcohol, you will need to contact us as soon as possible so we can collect details of the incident. We then organise a Service and Cost Agreement which outlines costs, procedure and our commitment to you in the way of ‘expert advice and great service’, as well as your authority to act on your behalf.
We then determine whether your charge is for low range, mid range or high range Blood Alcohol Concentration (BAC). Low range is a BAC of between 0.05 and 0.08, mid range is between 0.08 and 0.15 and high range is 0.15 and over. We will also need to know whether you have any prior convictions.
A court date is set by the police and we prepare to represent you before a Magistrate. Prior to the court date you need to obtain at least three character references from people who are aware that you have been charged with drink driving but are still willing to vouch for your good character.
If you are not challenging the charge, you will need to plead guilty and we will do this on your behalf when your case is ready. We then offer a plea in mitigation to the Magistrate, outlining reasons for your conduct to help reduce the penalty.
If you have a very poor record or have re-offended whilst on a Good Behaviour Bond, the Magistrate may request a Pre-sentence Report. This is an assessment by Adult Probation and Parole as to the suitability of various punishments such as gaol, weekend detention, community service, a Good Behaviour Bond or a fine. If this is the case, your matter will be adjourned for a number of weeks, at which time the Magistrate will pass sentence.
If the offence is a ‘first drink driving’ offence and you have a good driving record, the Magistrate may allow you to attend the Traffic Offenders Program. This is a series of lectures that cover some important topics in relation to alcohol and driving. You must attend one session a week for 8 weeks and complete a workbook that is handed to the Magistrate before they consider the sentence to impose.
The estimated finalisation date of your matter is the first court date, unless the Pre- Sentence Report is ordered or you attend the Traffic Offenders Programme. In this case it will be the date of adjournment, which is approximately 60 to 90 days.
We use our experience of similar matters to quote you a fixed fee, which we will have discussed with you and confirmed in correspondence. We will also advise you whether that fee includes any out of pocket disbursements or whether they are additional to the lump sum quoted.
| Costs for acting on your behalf in relation to the above matter | $500.00 |
| +GST of 10% on these costs | $ 50.00 |
| Total Costs (GST Inclusive) | $550.00 |
If you require a second court appearance further costs will apply.
Other Criminal Court Appearances
When you have been charged by the police with a criminal offence, it is important that you seek legal advice immediately. It is imperative that you know your rights with respect to the alleged offence before a Statement is made to the Police, as it may have a significant effect on the manner in which any subsequent record of interview is conducted.
As soon as possible we organise an interview with you to listen to and record the details of your alleged offence. This information assists us in preparing your statement to the police, as well as your defence in court. We then organise a Service and Cost Agreement which outlines costs, procedure and our commitment to you in the way of ‘expert advice and great service’, as well as your authority to act on your behalf.
Further meetings may be needed for the purpose of taking a statement of evidence from you and any witnesses you wish to call. We may also need to discuss exhibits of evidence with you and obtain character references.
A Court date is set to present your case before a magistrate.
In matters where the full scope of the work you ask us to attend to is not known at the outset, we will charge on an hourly basis. We have chosen a minimum three-minute unit of time as a commercially practical unit, given that serving you properly involves us making notes of even short activities, filing and recording details.
- Time spent by the Principal of the firm for work requiring the skill of a solicitor at a rate of $240.00 per hour.
- Time spent by an employed solicitor for work requiring the skill of a solicitor at a rate of $180.00 per hour.
- Time spent by legal assistants for work not requiring the skill of a solicitor at the rate of $120.00 or $80.00 per hour depending on the skill required.
- Photocopies at the rate of $1.00 per page.
- Facsimiles at the rate of $1.00 per page.
If you would like us to assist you, or you require further information,
call us on 4969 1800 to make an appointment.