NSW Drink Driving Court Procedure

Our Sydney Drink Driving Lawyers are highly experienced in dealing with alcohol related traffic matter and have a vast amount of expertise in dealing with the Court Process in NSW.

Let us take you through a step by step guide of how we handle the DUI Court Process:

DUI Process # 1: DUI Charge Sheet & Court Attendance Notice

Once a person has been charged for an alcohol related traffic offence they will receive a Court Attendance Notice (CAN) which will direct them to appear before a specific Court on a date and time for the first mention.

If you have received a charged and a subsequent Court Attendance Notice then you should immediately contact one of our DUI Lawyers to discuss your matter in further detail.

DUI Process # 2: Attending Court & Getting An Adjournment

If you are on BAIL then you MUST attend each and every Court appearance in your matter.

If you are not on bail then you can instruct a Lawyer to appear on your behalf for Court mentions but you must be in attendance at the Court when sentence is handed down.

We recommend seeking an adjournment at the first Court mention to allow our clients to complete a Traffic Offenders Program, medical or psychologist reports and to prepare their case before they come to the final Court appearance where the Magistrate will hand down the sentence.

DUI Process # 3: Final DUI Court Appearance

At the final Court appearance where sentence is to be given, you should arrive a little bit early and make sure that you or your lawyer have all your material ready to hand up to the Magistrate.

If you are being represented by a lawyer then your matter will be heard a lot sooner than other unrepresented defendants.

As a defendant you should follow the lead of your lawyer.

When entering the Courtroom bow your head at the Magistrate when you enter, this shows the Court a sign of respect.

Take a seat in the back of the Court in the public gallery section.

If you have a lawyer then when your matter is called you should try and find a seat close to or just behind your lawyer.

Stand up when your matter is first mentioned to indicate to the Court that you are before the Court.

Your lawyer will then tender material to the Magistrate and then give his or her honour an opportunity to read through that material and also read through the Police Fact Sheet, criminal and traffic history of the accused.

Once read the Magistrate will generally ask what the lawyer has to say at which point in time the lawyer will proceed to present submissions to the Court on behalf of their client.

All whilst the lawyer is presenting material and submissions to the Court the accused should be seated, not move and remain silent.

Once the lawyer has finalised their submissions to the Court the Magistrate will indicate for the accused to stand up and then the Magistrate will address the accused about issues relating to the charge and what penalties and sentences will be put in place.

If the Magistrate asks the accused questions – then polite yet short answers should be provided without getting into too much dialogue.

The accused should answers any questions with a strong sense of remorse and contrition if they are pleading guilty to an offence.

DUI Process # 4: Court Sentencing for Drink Driving

Once the Magistrate has handed down their decision then you are free to leave the Courtroom (so long as you haven’t been sentence to a term of imprisonment).

If the Magistrate issues some type of Bond on you then you will be required to attend the Court’s registry to sign and enter into the Bond.

DUI Process # 5: Court Etiquette & Behaviour

Please turn of your mobile phone, take your hat and sunglasses off your head and carry yourself with a great amount of respect and composure.

Your should dress very smart as though your were attending a job interview.

   BRISBANE • GOLD COAST • SYDNEY