Penrith DUI Lawyers appear on Disqualified & Drink Driving Matter
In shortRecently our Penrith DUI Lawyers appeared on a complicated yet interesting matter involving 2 x charges of Novice Range Drink Driving and also an Offence of Disqualified Driving where we ultimately achieve a fantastic result for our client only receiving 4 months disqualification.
- 1st Charge: Special Range DUI for Provisional Driver
- Failure to Attend Court
- 2nd & 3rd Charge: Special Range DUI & Disqualified Driving
New South Wales law · law checked 21 Oct 2026
What's on this page
Recently our Penrith DUI Lawyers appeared on a complicated yet interesting matter involving 2 x charges of Novice Range Drink Driving and also an Offence of Disqualified Driving where we ultimately achieve a fantastic result for our client only receiving 4 months disqualification.
1st Charge: Special Range DUI for Provisional Driver
In this article I want to discuss with you a very complicated yet interesting matter we appeared on in the Penrith Local Court. This matter involved a young Provisional Driver who had found himself in quite a bit of trouble due to his carelessness and his disorganised approach to his initial Court proceedings. He came to us after he had been charged with a drink driving offense for the second time. To make this matter a little bit more complicated, he had initially been charged with a Special Range Drink Driving Offence and special range offences means that he was over the Zero Blood Alcohol Limit but under the 0.05 limit. But because he was a Provisional License holder, his limit was Zero (0.00). So he wasn’t allowed to drive with any presence of alcohol in his system.
Failure to Attend Court
He had been charged with this Special Range Drink Driving offence and unfortunately, he had lost the paperwork that was presented to him by Police when he was first arrested and charged for this 1st drink driving matter. Our client then failed to turn up to Court and appear at his 1st Drink Driving Court Appearance as he had no reference to the date that he was suppose to be in Court as he had lost all of his paperwork.
Subsequently, Court decided to deal with my clients matter in his absence and in the absence of any legal representation on his behalf. The Court decided to convict my client of the Special Range DUI Offence which basically saw him fined, disqualified for 6 months and convicted of the offence. Since he was completely unaware of his Court matter and the fact that he had been disqualified he continued to keep on driving his vehicle which ultimately caused a more serious and complex amount of troubles for him.
2nd & 3rd Charge: Special Range DUI & Disqualified Driving
Since our client was unaware of his license disqualification he continued to drive and early one morning he was on his way to work after consuming too many drinks the night before and he was pulled over for the purpose of a Stationary Random Breath Test. Unfortunately for him, he was over the limit of his Zero alcohol limit for that of a Provisional Driver.
This meant that he was again charged with Special Range Drink Driving for the 2nd time in only a matter of weeks.
But this was not where the bad news ended. Due to the fact that the Court had already disqualified his drivers license in his absence at Penrith Local Court it meant that the Police laid a subsequent charge of Disqualified Driving. So effectively he came to us with this 3 major Traffic Offences.
Preparing the Case
We sat down with our client and worked out a legal plan of attack which involved some calculated strategies in order to try and achieve the right outcome possible for our client. He was already convicted of a major traffic offence with the Special Range DUI that was dealt with in his absence and now presented with an additional 2 major traffic offences being the Special Range Drink Driving and the Disqualified Driving.
So our Penrith DUI Lawyers attended Court at the 1st Court mention for the latest 2 major traffic offences and successfully obtained an adjournment so that our client could go and complete the Traffic Offenders Program.
We were able to get together some good employment character references including a statement from his mother, a statement from his employer, and a statement from a family friend who could attest his otherwise very good character of a young man who was trying to work hard in life.
We also obtained a large amount of relevant information from our client so that we could address a number of issues relating to who he was and what has brought about this offending behaviour. This allowed us to prepare some carefully devised oral submissions that we could present to the Court.
Legal Strategy – Section 4 Annulment
In relation to the legal strategy, we decided to filed a separate Application in Court – called a Section 4 Annulment – which effectively Annul the conviction and disqualification that was issued by the Court in our clients absence for the 1st DUI offence that he was charged with.
This effectively gave our client a clean slate in which we were then able to appropriately address his offences and provide him with quality legal representation for all of his offences. The Section 4 Annulment was successful and granted since it became clear that our client’s 1st DUI offence was dealt with in his absence and he was not appropriately represented in Court.
We then moved to deal with all 3 offences of 2 counts of Special Range DUI and 1 count of Disqualified Driving at the one time. Since the initial DUI conviction was removed under the section 4 annulment this meant that our Court was dealing with our client as a 1st time offender in relation to his 3 major traffic offences because his prior conviction had been removed and therefore he was not considered – by law – to be a repeat offender. As this was the case this meant that his period of disqualification for his 2 DUI were effectively half of that of a repeat or 2nd offender.
Section 10 for the Disqualified Driving Charge
We then proceeded to deal with the disqualified driving offence and explained to the Court that if our client had of been made aware of the fact that his license was disqualified by the Court following the conviction of his 1st DUI offence that was dealt with by Court in his absence then my client would not have driven his motor vehicle. However, due to the fact he was completely oblivious to the fact his license was disqualified this meant that he continued to drive not thinking he was doing anything wrong or breaking the law.
Ultimately, I applied for the Court to deal with the Disqualified Driving Offence under Section 10 which effectively meant a plea of Guilty to the offence was accepted yet the Court has the discretion not to Convict or disqualify our client for the offence. We were very happy that the Court saw reason and decided to deal with the Disqualified Driving offence under section 10 because if he was convicted that would have meant that he would have faced a mandatory minimum of 2 years disqualification off the road and a hefty fine.
Convincing the Court to grant a Section 10 No Conviction was a huge win for our client.
2 x Special Range DUI Charges
In relation to the 2 drink driving offences of special range drink driving, they were dealt with by the Court as though they were a 1st offence since his prior conviction had been annulled under the Section 4 Application which was granted. The thing that we were able to persuade the Magistrate to do was to reduce the period of time that our client received for each of these offences.
So for the 1st special range drink driving offence, my client received a 3 month disqualification and a $200 fine which was reduced down from the automatic period of 6 months.
For the 2nd special range drink driving offence he received a 4 month disqualification and $300 fine.
Now, these 3 months and 4 months disqualification periods that were handed down by the Penrith Local Court Magistrate were to be run concurrently from the day of the Court Sentencing appearance. We persuaded the Magistrate to run these 2 period of disqualification at the same time, concurrently. So basically, the reality being that in 4 months time from the date that those orders were made in Court, he was able to go back and apply to court to have his license reinstated to him.
A fantastic result for our client in what was initially a complete disaster of a situation for him where he was potentially facing years off the road. Due to the hard work from our Penrith DUI Lawyers we were able to avert a disastrous situation for our client.
Summary of the Disaster we had to deal with
At one point in time, he’s facing at least two years disqualification off the road. We were able to put strategic plans in place where we were able to get his first drink driving offence annulled. We’re able to have his disqualified driving offence dealt with under section 10. And we’re able to combine his two drink driving offences together. So in effect, he only have to serve four months disqualification and this is for a provisional driver, a young fellow who certainly learned some very major and big lessons in relation to not only drive the safety and how alcohol affects the body, but also in relation to just general life organization. If you’ve got something hanging over your head, you need to be proactive. You need to jump on the front board and deal with that. And certainly, not turning out to Court for his first drink driving offences are a major list and that he has now learned.
Contact Penrith DUI Lawyers Sydney
So that was the matter which we appeared on at the Penrith Courthouse in Western Sydney.
What this Penrith Local Court matter shows
In summary: We’re able to have his disqualified driving offence dealt with under section 10. We appeared on this matter at Penrith Local Court. The reading was 0.05. Preparation here involved a traffic offenders program certificate, character references and material from an employer. If you have been charged with driving while disqualified in New South Wales, call Joshua on 1300 941 900 to talk about your situation.
Read more on driving while disqualified in the New South Wales traffic law section. This account of the Penrith Local Court matter is general information only, not legal advice; past results do not predict yours. Call 1300 941 900 or make an enquiry about legal representation.
Law update since this post (checked 21 Oct 2026)
This post was first published on 23 March 2021. The narrative above is kept as published. These notes record later changes to the law.
- Since 20 May 2019, NSW police can deal with an eligible first-offence low range drink driving matter by penalty notice with an immediate 3-month licence suspension, instead of a court charge (Road Transport Act 2013).
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FAQs about this post
What was the driving while disqualified charge?
Recently our Penrith DUI Lawyers appeared on a complicated yet interesting matter involving 2 x charges of Novice Range Drink Driving and also an Offence of Disqualified Driving where we ultimately achieve a fantastic result for our client only receiving 4 months disqualification. In this article I want to discuss with you a very complicated yet interesting matter we appeared on in the Penrith Local Court.
What did the magistrate order?
The Court decided to convict my client of the Special Range DUI Offence which basically saw him fined, disqualified for 6 months and convicted of the offence.
Does the NSW driving while disqualified law in this post still apply?
Written 23 March 2021. Laws since then may differ, so check the dated notes here and our current NSW pages.
Sources and date checked
Sources and references for this page, checked 21 Oct 2026.
- Original Boorman Lawyers post, published 23 March 2021 (read-only copy taken 21 Oct 2026) — checked 21 Oct 2026
- Road Transport Act 2013 (NSW) – NSW Legislation — checked 21 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.
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