NEW SOUTH WALES

Batemans Bay DUI Lawyers

In shortBoorman Lawyers are experienced, dedicated drink driving, drug driving and DUI lawyers who regularly appear at Batemans Bay Local Court and represent clients facing alcohol, drug and serious traffic charges at this courthouse. Batemans Bay Local Court at 24 Orient Street hears drink and drug driving charges from the northern Eurobodalla, including the Kings Highway and the Princes Highway corridor. We assist clients at Batemans Bay Local Court by appearing at court mentions, guilty pleas and sentencing hearings, preparing comprehensive sentencing submissions and character reference material, advising on licence disqualification periods and mandatory alcohol interlock rules under New South Wales law, and preparing Section 10 non-conviction applications.

  • Court: Batemans Bay Local Court, 24 Orient Street, Batemans Bay NSW 2536. Phone (02) 4478 2400 or 1300 679 272. Registry 9am–1pm and 2pm–4pm, Monday to Friday.
  • Interlock: a mandatory order for a first mid range, high range, DUI or refusal conviction – not an option you apply for.
  • Moruya: charges from the southern part of the shire may be listed at Moruya, which sits on set Fridays.

New South Wales law · law checked 20 Oct 2026

General image of a sandstone State Courts building entrance – not Batemans Bay Local Court – with the Boorman Lawyers logo and phone number 1300 941 900

General image – not this courthouse.

What's on this page

What are the milestones in a Batemans Bay drink driving case?

Here is the whole path in one table. The sections that follow take each milestone in turn and list what to do at that point.

Milestone Roughly when What happens
1. The night of the charge Day 0 Breath analysis or drug test; notices handed to you
2. The first fortnight Days 1–14 Licence position settles; driving record and police facts arrive
3. Building your material Weeks 2–6 Program, references, documents
4. First mention at Orient Street Date on your court notice Plea entered; sentence or adjournment
5. Sentence First mention or a later date Conviction or section 10; disqualification or interlock order
6. Off the road From the court date Disqualification period runs
7. Back on the road End of the period, then the interlock years New licence or interlock licence

Two NSW statutes drive every milestone: the Road Transport Act 2013, referred to below as the RTA, and the Crimes (Sentencing Procedure) Act 1999, or CSPA. Both are published on the NSW legislation website.

Milestone 1: what happens on the night of the charge?

You may have been stopped at a breath testing site on the Kings Highway near Nelligen, on the Princes Highway, or in town. A positive roadside screening test leads to a breath analysis on an approved instrument, usually at a police station or in a testing vehicle. That reading is the one that counts. In general it has to be done within 2 hours of the driving (RTA Sch 3).

The reading places you in a range under s 110:

  • novice range – any reading above zero and below 0.02, if you are a learner, on P plates or unlicensed;
  • special range – from 0.02 up to 0.049, which applies to drivers of trucks, buses, taxis and dangerous goods vehicles;
  • low range – from 0.05 up to 0.079;
  • mid range – from 0.08 up to 0.149;
  • high range – from 0.15 upwards.

Drug driving starts differently: the roadside oral fluid test is followed by a second sample sent to a laboratory. A charge for driving with an illicit drug present (s 111) can arrive weeks later.

Your to-do list: keep every piece of paper police gave you, and write down the times – when you last drank, when you drove, when you were tested – while you still remember them.

Milestone 2: where do you stand in the first fortnight?

What police handed you sets the direction:

  • A penalty notice can be issued where it is your first offence and the charge is novice, special or low range, or drug presence. It means a fine and a 3-month suspension, with no conviction (TfNSW). You can elect to go to court instead, but the court can then impose the full court penalty.
  • A court attendance notice sets your first date at Batemans Bay or, for some charges, Moruya.
  • An immediate suspension notice (RTA s 224), given for the more serious charges – mid or high range, DUI, refusal – takes you off the road at once. You can appeal under s 268, but the court can only lift it in exceptional circumstances, and the appeal must be dealt with before the charge is finalised.

Your to-do list: order your NSW driving record from Service NSW, because an offence in the past 5 years, including one finalised by penalty notice, can make this a second offence (RTA s 9). If you are suspended, work out now how you will get to work, appointments and court without driving. On the South Coast, buses are limited, so line up family, workmates or a taxi early.

Milestone 3: what should you build before court?

This is the milestone with the most control. A plea of guilty with nothing behind it gives the magistrate little to work with. Aim to have:

  • proof you have finished, or enrolled in, the NSW Traffic Offenders Program;
  • two or three references from people who have read the police facts;
  • a letter from your employer that sets out your role, hours and travel, for example between Batemans Bay, Moruya, Ulladulla or Braidwood;
  • evidence of medical appointments, caring duties or family needs that depend on a car;
  • treatment or counselling records, if alcohol or drug use has been a problem;
  • a short letter from you to the court.

If something in the police facts is wrong, such as the distance you drove or what you said, raise it before the plea. You are sentenced on the facts the court accepts. If you think the evidence is weak – for example the analysis was outside the 2-hour window, or there is doubt about who was driving – read about defending a drink driving charge in NSW before deciding how to plead.

Milestone 4: what happens at the first mention?

The official Local Court list gives Batemans Bay Local Court's address as 24 Orient Street, Batemans Bay NSW 2536, postal address PO Box 203, phone (02) 4478 2400 or 1300 679 272 and fax (02) 4478 2490. On weekdays the registry and telephones operate from 9.00am to 1.00pm and again from 2.00pm to 4.00pm, and the court has audio visual link facilities.

Arrive well before the listed time. Check the list, tell the court officer you are present, and wait for your name. When it is called, you enter a plea:

  • guilty and ready – the magistrate can sentence you that day;
  • guilty, need time – you can ask for an adjournment to finish the program or gather material;
  • not guilty – the case is set down for a hearing on a later date, and police serve the evidence.

The step-by-step NSW court process explains each step inside the courtroom.

Milestone 5: what can the magistrate decide at sentence?

The magistrate starts with one decision: conviction or not. Section 10 of the CSPA allows a dismissal, or a conditional release order with no conviction recorded. With either order there is no disqualification and no interlock. The magistrate weighs your record, character, age, health, the seriousness of the driving and any extenuating circumstances. A section 10 is not available if you had one for a similar major offence in the past 5 years (RTA s 203). Our explainer on avoiding a conviction for NSW drink driving.

If a conviction is recorded for a first offence:

Charge Maximum Licence
Novice, special or low range $2,200 6 months' disqualification, reducible to 3
Mid range Fine to $2,200, prison to 9 months, or both Off the road 3–6 months, then an interlock for 12 months or more
High range Fine to $3,300, prison to 18 months, or both Off the road 6–9 months, then an interlock for 24 months or more
DUI or refusing analysis $3,300 and/or 18 months' prison As for high range
Illicit drug present $2,200 6 months' disqualification, reducible to 3

The interlock order is mandatory for the listed offences. It is not something you apply for. The court can make an exemption order only on narrow grounds, such as having no vehicle to fit the device to or a medical condition, and an exemption brings a longer disqualification under s 205 instead. A repeat offence inside 5 years lifts the maximums and puts every drink driving range, even low range, under an interlock order. Every figure, including second offences, is set out in the NSW drink driving penalty tables.

Milestone 6: what does the off-road period mean on the South Coast?

The disqualification starts on the day of sentence unless the court orders otherwise. Time already spent under an immediate suspension is usually taken into account. NSW has no work licence for drink or drug driving disqualifications, so during this period you cannot drive at all, even to work.

Driving while disqualified is a separate and serious offence that can lead to a further disqualification and even prison. Read about driving while disqualified in NSW. If you hold a heavy vehicle licence or drive for work, talk to your employer early about other duties.

Your to-do list: if an interlock order was made, use this time to choose an approved provider with a service centre you can reach, and budget for the lease and servicing.

Milestone 7: how do you get back on the road?

Without an interlock order, you apply for a new licence when the disqualification ends. Repeat offenders must pass the Driver Knowledge Test first.

With an interlock order, you apply for an interlock licence after the off-road period, have the device fitted, and drive only vehicles with the interlock for the minimum period. The device logs every test. You must meet the program's requirements before it comes off. If you do not take part, you remain disqualified for 5 years. The TfNSW Alcohol Interlock Program page covers providers and costs, while how interlock orders work in NSW covers the court side.

Will my case be at Batemans Bay or Moruya?

Your court attendance notice decides it. Moruya Local Court, in Vulcan Street, is shown on the official list as sitting on the first, second and third Fridays after the first Monday of the month, with registry hours of 9.30am to 1.00pm and 2.00pm to 3.30pm. Charges from the southern part of the shire may be listed there. If your notice says Moruya, go to Moruya; the court will not move the case simply because Batemans Bay is closer to home. The milestones above apply in exactly the same way at both courts.

What about drug driving on the coast?

Holiday traffic on the Kings and Princes Highways brings mobile drug testing. The presence offence covers cannabis, methylamphetamine, MDMA and cocaine, and it does not matter whether you felt affected or when you used the drug. A first offence carries up to $2,200 and an automatic 6-month disqualification, reducible to 3, or a penalty notice in some cases. Driving under the influence of a drug is a separate, more serious charge. More on drug driving offences and penalties in NSW.

Which courts are near Batemans Bay?

Other courts are in the full NSW court directory.

Batemans Bay drink driving FAQs

What are the contact details for Batemans Bay Local Court?

The official list gives 24 Orient Street, Batemans Bay NSW 2536; PO Box 203, Batemans Bay NSW 2536; phone (02) 4478 2400 or 1300 679 272; fax (02) 4478 2490. On weekdays, the registry and phones are staffed 9.00am–1.00pm and 2.00pm–4.00pm.

Can I choose an interlock instead of a disqualification?

Not as a choice. For a first mid range, high range, DUI or refusal conviction, the court must make an interlock order unless an exemption applies. For a first low range offence, the penalty is a disqualification with no interlock.

I was visiting on an interstate licence. Which law applies?

NSW law, because the offence happened on a NSW road. The NSW ranges, penalties and interlock rules apply whatever licence you hold, and a NSW disqualification will usually affect your home licence too.

Does living in a regional area reduce the penalty?

It cannot take the disqualification below the minimum. Evidence of how a loss of licence affects work and family is still relevant to where in the range the penalty falls, and to whether a section 10 is appropriate.

Can my case finish on the first court date?

It can, provided you plead guilty and have your material ready on the day. If not, the magistrate may grant an adjournment so you can finish preparing.

What if I had a penalty notice for drink driving a few years ago?

If it was within the last 5 years, the new offence is treated as a second offence. That raises the maximums and brings in an interlock order for every range.

Sources and date checked

Sources and references for this page, checked 20 Oct 2026.

This page is general information about New South Wales law only. It is not legal advice. Every matter turns on its own facts.

Batemans Bay Local Court — court details

Batemans Bay Local Court

Street
24 Orient Street, Batemans Bay NSW 2536
Postal
PO Box 203, Batemans Bay NSW 2536
Phone
(02) 4478 2400 or 1300 679 272
Registry hours
Registry and telephone 9.00am – 1.00pm and 2.00pm – 4.00pm
Days open
Monday to Friday
Facilities
Audio visual link (AVL) facilities
➜ Get directions

Local Court of NSW, Court locations – B (localcourt.nsw.gov.au), saved 19 Oct 2026. These are the court registry's details, not Boorman Lawyers office details. Check your court papers for your listing time and courtroom.

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What to have ready

  • Court & next listing date: Which court is on your paperwork and when your matter is listed.
  • Charge or reading (if known): Tell us the charge or reading if you have it — you do not need your full police facts yet.
  • Work & driving needs: Let us know if you rely on your licence for work or family responsibilities.
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