How to get your Traffic Offence Dismissed with a Section 10

If you have been charged with a traffic offence there are several conditional discharges under the Section 10 dismissal you can apply for to have your traffic offence dismissed. Most importantly, you will need a traffic offence lawyer to help you receive a ‘non-conviction order’ or a dismissal of your traffic offence.

 

What is a Section 10 Dismissal?

The Section 10 (Sentencing Procedure) Act 1999 is given when “a court is satisfied that it would reduce the likelihood of the person committing further offences by promoting the treatment or rehabilitation of the person”.

In other words, a Section 10 dismissal is where the court decides that a person is guilty but is not convicted and the matter is dismissed in order to promote their positive rehabilitation. If a Section 10 dismissal is given, the offence is not recorded, there is no conviction, no penalty, no loss of licence, no loss of demerit points and no criminal recording. Importantly a Section 10 is only granted for major traffic offences within a 5-year period.

Even though a “Section 10” dismissal is one of the most frequently used phrases in traffic offences, there are three types of orders that can be given:

• Dismissing the relevant charges after the court finds the defendant guilty. In this case you are free to leave court and the matter is over.
• Discharging the person under a conditional release order (CRO). This is essentially a good behaviour bond which lasts up to 2 years. If you are called upon for court, you must attend. It is possible that if the CRO is not upheld the dismissal can be cancelled, the offender then can be re-sentenced and receive harsher penalties.
• Discharging the person if the defendant agrees to participate in an intervention program. The Traffic Offenders Intervention Program, or a drug or alcohol rehabilitation program, are examples of intervention programs applicable here.

 

How do I Receive a Section 10 Dismissal?

In order to receive a Section 10 Dismissal for a traffic offence the court must consider the following factors of the defendant;

• The persons character, antecedents, age, health and mental condition.
• The trivial nature of the offence. That is to say, the offence is not serious, for example there was no damage to a person or property.
• The extenuating circumstance in which the offence was committed. Meaning something out-of-the-ordinary which explains, reasons or provides context to the crime.
• Any other matter that the court thinks proper to consider. Such as first offenders or situational mental conditions.

Even if you feel you suit the above criteria, it should be noted that it is very rare for a defendant to receive a section 10 dismissal from the court – even if the traffic offence is minor. Hence, it is crucial to have an experienced traffic offence lawyer with a high success rate like Essere.  If you’d like to have Essere assess your circumstances to determine if you would be likely to receive a Section 10 for your traffic offence, please call on (02) 9283 3033.

 

How to receive a Section 10 for Drink Driving

In modern society being charged with driving under the influence of alcohol, even with mid-range drink driving offence or a low range drink driving offence, is considered a major traffic offence and a serious criminal offence. This makes obtaining a Section 10 for such cases exceedingly difficult. However, with an effective traffic offence lawyer they can prove, under a Section 10 dismissal, that there was uncontrollable circumstance in which a person should avoid a conviction of the drink driving offence. In particular, there are several ways that our traffic lawyers in Sydney increase our defendants’ chances to obtain a Section 10 for mid-range drink driving or low-range drink driving.

1. Prove you are a person of good character. This can be done through obtaining positive references from people who themselves have good character/reputation in the community.
2. An early plea of guilty can increase your chances of receiving a Section 10 as it shows the court you accept responsibility and are remorseful. However, this is quite difficult to present successfully without the help an experienced traffic lawyer.
3. Attend intervention or rehabilitation programs before a court decision is made. This shows the court that you are actively making steps towards addressing mistakes.
4. Provide evidence to the court of the negative impact a conviction would make on your livelihood. For example, if your current career requires you to drive.
5. Hire an effective criminal lawyer with a high success rate. An experienced traffic offence lawyer is the most effective way to receive a Section 10 dismissal of a drink driving offence, as traffic lawyers expertly explain why your case requires discretion.

When searching for a reputable driving defence lawyer to defend your traffic offence case, it’s imperative that you find a lawyer who has a high success rate in helping their clients to achieve a positive outcome. Whether you are facing drink driving penalties, a speeding offence or any other type of driving offence, experience in the field of traffic law is imperative in providing you with the best possible defence.

Essere are outstanding Driving Offence Lawyers. They understand the strain driving offence cases have on their clients and families alike and provide sympathetic, non-judgemental expert advice and support to their clients. With offices in Sydney and Parramatta conveniently located near both the local and district courts they will make the process of your legal defence transparent and manageable. Having defended more than 3,800 cases and with a success rate of over 90%, Essere Driving Offence Lawyers in Sydney & Parramatta, provide their clients with informed legal advice and flexible payment terms. If you have been charged with a driving offence, please contact Essere on (02) 9283 3033, for your first Consultation.