NEW SOUTH WALES

Kempsey DUI Lawyers

In shortBoorman Lawyers are experienced, dedicated drink driving, drug driving and DUI lawyers who regularly appear at Kempsey Local Court and represent clients facing alcohol, drug and serious traffic charges at this courthouse. Kempsey Local Court at 2 Sea Street, West Kempsey, is open weekdays and hears Macleay Valley drink and drug driving charges. We assist clients at Kempsey 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: Kempsey Local Court, 2 Sea Street, West Kempsey NSW 2440. Phone 1300 679 272. Registry 9.00am – 1.00pm and 2.00pm – 4.00pm, Monday to Friday.
Stages: roadside and suspension, first mention, preparation, sentence, then the licence process after court.
Law: NSW Road Transport Act 2013 and Crimes (Sentencing Procedure) Act 1999. Section 10 is not available if you had one in the past 5 years.

New South Wales law · law checked 20 Oct 2026

Call 1300 941 900 Make an enquiry about legal representation

What's on this page

What happens at the roadside, and that night?

Short answer: You will usually leave with a court attendance notice, and for more serious readings an immediate suspension notice that takes effect straight away.

A Macleay Valley charge can begin with a random breath test, a mobile drug test or a crash on the Pacific Highway, the Macleay Valley Way or a town street in Kempsey, Frederickton, South West Rocks or Crescent Head. A positive roadside screen leads to a breath analysis, usually at the police station or in a breath bus. Police generally cannot require a breath test or analysis more than 2 hours after the driving (Road Transport Act 2013 Sch 3 cl 2(2)(a)). A reading taken within that time is presumed to be your reading at the time of driving unless you prove otherwise (Sch 3 cl 31).

By the time you leave you may have:

a court attendance notice for Kempsey Local Court, naming the charge and the date;
an immediate suspension notice, for mid range, high range, DUI, refusal and some other charges (s 224), which takes effect straight away;
a penalty notice instead of a court date, for some first-offence low range and drug presence matters. That can bring its own suspension and still counts as a prior offence for 5 years (s 9(2A)).

If you were tested for drugs, the roadside oral fluid result is usually sent to a laboratory. The charge may come weeks later.

What can you do before the first court date?

Short answer: Check any suspension, get advice on the police facts, and do not drive while suspended.

Check the suspension. If you were given an immediate suspension notice, it lasts until the court finalises the charge. You can appeal to the Local Court, but the court can lift the suspension only if exceptional circumstances justify that (s 268). Needing to drive to work is usually not enough on its own. Our licence suspension appeal guide explains the test.

Get advice on the charge. Look closely at the facts sheet when you receive it. Are the times, the reading and the description of your driving right? Was the breath analysis inside 2 hours? Does the certificate match? Disputed facts should be raised before you plead, not after. Our drink driving defences guide sets out the main issues.

Do not drive while suspended. Driving while suspended or disqualified is a separate, serious offence (s 54).

What happens at the first mention?

Short answer: You say how you plead. If you plead guilty and your material is ready, you may be sentenced that day.

The first date at 2 Sea Street is usually a mention. You (or your lawyer) tell the court whether you plead guilty or not guilty. If you plead guilty and are ready, the magistrate may sentence you that day. If you need time to finish a program or gather material, you can ask for the sentence to be adjourned, but any immediate suspension keeps running in the meantime. If you plead not guilty, the court sets a hearing date and the prosecution must prove the charge.

The court takes a guilty plea into account at sentence (Crimes (Sentencing Procedure) Act 1999 s 22). An early plea backed by proper material generally counts for more than one entered late.

How do you prepare for sentence?

Short answer: Complete a program the court accepts, and gather references, an employer letter and a written transport plan.

Use the time between the charge and the sentence date well:

Complete a Traffic Offenders Program, after checking the court accepts the provider and format.
Address alcohol or drug use through a GP, a counsellor or a treatment service if it is part of the picture, and get a letter confirming it.
Collect references from people who know about the charge. They should say how long they have known you, that they know about the offence, and what you have done since.
Get an employer letter. It should explain your duties, hours and travel. If your job involves farm, trade, health or shift work, the court needs specifics, not general hardship.
Write down your transport plan for any disqualification, including how you would get to interlock servicing.
Gather your driving record so there are no surprises.

What does the day at Sea Street look like?

Short answer: Arrive early, expect to wait, and bring paper copies of every document.

Arrive well before the listed time, find the list showing which courtroom your matter is in, and let the court officer or your lawyer know you are there. Several matters can be listed for the same morning, so expect to wait. Dress neatly, switch your phone off in the courtroom and bring paper copies of every document, because there may be no chance to print or email on the day. When your name is called, stand at the bar table (or sit beside your lawyer) and address the magistrate as "Your Honour".

What can the magistrate order?

Short answer: Anything from a section 10 with no conviction, through fines, disqualification and interlock orders, to prison in serious cases.

First-offence maximums, at $110 per penalty unit:

Charge	Fine	Prison	Licence on conviction
Novice, special or low range PCA	$2,200	None	6 months automatically, reducible to 3
Drug presence (s 111)	$2,200	None	6 months automatically, reducible to 3
Mid range PCA	$2,200	9 months	Interlock order: 3–6 months off the road, then at least 12 months on an interlock
High range PCA	$3,300	18 months	Interlock order: 6–9 months off the road, then at least 24 months on an interlock
DUI (s 112)	$3,300	18 months	Interlock order if alcohol was involved, as for high range

Penalties increase for a second offence within 5 years. See our NSW drink driving penalties guide and the Transport for NSW penalties page.

The orders the court can make range from no conviction up to prison:

section 10 dismissal or conditional release order without conviction. No conviction is recorded, so the automatic disqualification and interlock order do not apply. This is not available if you had a section 10 for a similar offence in the past 5 years (RTA s 203). Our no conviction guide covers the factors;
conviction with no other penalty (s 10A), though the licence consequences still apply;
a fine, or a conditional release order with conviction. A fine cannot be combined with a conditional release order for the same offence (s 9(3));
a community correction order (s 8) or an intensive correction order (s 7), for more serious cases;
prison, for the most serious charges or records.

Should you write a letter to the magistrate?

Short answer: It can help if it is short, honest and backed by documents.

You can. A short, honest letter can help if it:

accepts responsibility without minimising what happened ("I only had a few" does not help);
explains, briefly, how the decision to drive came about;
says what you have done since: the program, counselling, changes to your routine;
explains what disqualification or an interlock would mean for your work and family, with documents behind it;
says how you will make sure it does not happen again.

Keep it to a page. Do not include anything you cannot back up, and do not attack the police. If you have a lawyer, they will usually review the letter and decide whether to hand it up.

What if the police facts are wrong?

Short answer: Raise it before you plead. You are sentenced on facts that are agreed or proved.

The facts sheet is the prosecution's version, and the magistrate sentences on facts that are agreed or proved. If something material is wrong, such as the time, the manner of driving, a claimed collision or something you are said to have said, it should be raised before the plea. Often the facts can be amended by agreement with the police prosecutor. If they cannot, the court may need to hear evidence on the disputed point. Do not plead guilty to a version of events you do not accept and then try to correct it from the bar table.

Is the interlock unavoidable after a mid range conviction?

Short answer: Almost always. An exemption is available only on narrow grounds.

Almost always. Mid range, high range, alcohol DUI and refusal convictions require an interlock order. The court can make an exemption order only on narrow grounds, and living in a regional or remote area is not one of them. If you do not join the program, you face a 5-year disqualification. Transport for NSW sets the device servicing intervals. Check the interlock program page and the nearest installer before sentence. Our NSW interlock guide explains the program.

What are the special risks for Macleay Valley drivers?

Short answer: Lower limits for L, P and heavy vehicle drivers, morning-after readings, cannabis, and the absence of any NSW work licence.

L and P platers must have no alcohol in their system. Under 0.02 is the novice range.
Heavy vehicle, bus and taxi drivers are special category drivers, so 0.02 to under 0.05 is an offence for them.
The morning after. Early starts after a late night are one way to be over the limit without realising.
Cannabis. THC presence is an offence under s 111 even if you were not affected, and it can be detected after the effects have worn off. See our NSW drug driving guide.
No work licence. NSW has no work or hardship licence for drink or drug driving. Earlier versions of some websites have suggested otherwise.

The offence ranges are explained in our NSW drink driving offences guide.

What happens after court?

Short answer: The disqualification starts that day unless the court orders a later start, so arrange a lift home.

A disqualification begins on the day of conviction unless the court orders a later start (RTA s 207A), so arrange a lift home. Transport for NSW records the disqualification. For an interlock order, you serve the disqualification first. Then you have the device fitted, apply for an interlock licence and keep the device for the minimum period. Pay any fine by the due date, or ask Revenue NSW about paying in instalments. If you want to appeal, an appeal to the District Court has a strict time limit, so act quickly.

Which courts are near Kempsey?

The nearest courts on this site are Port Macquarie (about 40 km), Macksville (about 58 km), Coffs Harbour (about 91 km), Taree (about 99 km) and Forster (about 126 km). Attend the court named on your notice. Statewide information is on our NSW traffic law page.

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Kempsey drink driving FAQs

Where is Kempsey Local Court and when is it open?

At 2 Sea Street, West Kempsey NSW 2440. The registry is open 9.00am to 1.00pm and 2.00pm to 4.00pm, Monday to Friday. Phone 1300 679 272 (8.30am to 4.30pm). Mail goes to PO Box 3006, West Kempsey NSW 2440.

Will I be sentenced on my first court date?

Possibly, if you plead guilty and are ready. You can ask for a short adjournment to finish a program and gather references, but any immediate suspension continues in the meantime.

Can the court reduce my disqualification?

For low range, special range, novice range and drug presence offences, yes, from the automatic 6 months to no less than 3. For mid range and above, the court sets the disqualification within the interlock order range. A section 10 outcome avoids the automatic disqualification altogether.

I was given a penalty notice, not a court date. What now?

You can pay it, or elect to have the matter heard in court. Either way, it counts as a prior offence for 5 years. Get advice before you decide, because some court outcomes, such as a section 10, are only available if the matter goes to court.

Does the Kempsey court have audio visual link facilities?

The official list shows AVL in court room 1. Whether you can appear by AVL is up to the court.

Can someone come to court with me?

Yes. Court is open to the public in most matters, and a support person can sit in the public seating. It also helps to bring someone who can drive you home if you are disqualified.

Sources and date checked

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

Local Court of NSW – Court locations K (Kempsey) — checked 19 Oct 2026
Road Transport Act 2013 (NSW) – current version (ss 9, 110, 111, 112, 203, 205, 207A, 209–212, 224, 268; Sch 3) — checked 20 Oct 2026
Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 7, 8, 9, 10, 10A, 22 — checked 20 Oct 2026
NSW Government (Transport for NSW) – Drink and drug driving penalties — checked 20 Oct 2026
Transport for NSW – Mandatory alcohol interlock program — 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.

Kempsey Local Court — court details

Kempsey Local Court

Street: 2 Sea Street, West Kempsey NSW 2440
Postal: PO Box 3006, West Kempsey NSW 2440
Phone: 1300 679 272
Registry hours: Registry 9.00am – 1.00pm and 2.00pm – 4.00pm; telephone 8.30am – 4.30pm
Days open: Monday to Friday
Facilities: Audio visual link (AVL) facilities in court room 1

➜ Get directions

Local Court of NSW, Court locations – K (localcourt.nsw.gov.au), saved 19 Oct 2026. Official fax (02) 6566 3683. These are the court registry's details, not Boorman Lawyers office details. Check your court papers for your listing time and courtroom.

NSW Traffic Law

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Guides for New South Wales traffic law matters.

NSWDrink Driving OffencesRead guide →NSWDrink Driving PenaltiesRead guide →NSWDrink Driving DefencesRead guide →NSWDrug Driving Offences & PenaltiesRead guide →NSWHigh Range PCA Guideline JudgmentRead guide →NSWLicence Suspension AppealRead guide →NSWAlcohol Interlock LawsRead guide →NSWNo Conviction Drink DrivingRead guide →NSWTraffic Offenders ProgramRead guide →NSWDUI Court Process GuideRead guide →NSWDangerous DrivingRead guide →NSWDisqualified DrivingRead guide →

Enquire about legal representation

Call 1300 941 900 or make an enquiry about legal representation.

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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