As DUI Lawyers NSW we often get asked by prospective clients who have been charged with a drink driving offence whether or not they really need a lawyer?
Most people would think that asking this question to a lawyer is a silly question because all lawyers are simply going to say that you should hire a lawyer so that they can get your business. But often little information is actually given providing reasons why it is beneficial to obtain a lawyer to represent you in Court.
Throughout this article we want to take you through 10 very important reasons why obtaining a professional Traffic Lawyer is a good idea and can help you get the best result possible when your matter goes to Court.
But let me first preface this article by saying that there is a massive difference between just hiring any old lawyer and being smart by hiring a lawyer who specialises in Traffic Law in particular drink driving offences in NSW. Just any run of the mill lawyer can represent you and not necessarily provide you with the best legal representation since traffic law may not be that common to them. On the other hand if you do decide to hire a lawyer then we strongly suggest that you do your homework and look for a lawyer that is an expert in the field of traffic laws and who appears regularly in New South Wales Local Court on drink driving matter very frequently.
Choosing the right lawyer is important and is something that we discuss further in our other article titled “Choosing a DUI Lawyer in NSW”.
Without further adue lets take a look at the top 10 reasons why hiring a professional traffic lawyer can be beneficial to you if you have been charge with a drink driving offence in NSW.
1. Communication
Often when a person has been charged with a criminal drink driving offence it may the first time that they have fallen foul of the law. As such it is often new territory for them and they may have hundreds of questions about the laws, the penalties and consequences, what to expect, what to do in court, how to prepare the best case and so on and so on.
It can be a very nervous and stressful time and if you have a professional traffic lawyer just a phone call away who you can contact at any reasonable time then this can take a great deal of stress out of the situation.
Our lawyers make ourselves available during the week and on the weekends to take call to answers your questions and advise you on the best way in handling your matter. We also communicate frequently with our client via email. If you send us an email we will generally respond that same day or at least within 24 hours.
Being able to communicate with an expert in the area of traffic laws in New South Wales will reassure you that you have someone on your side willing to go into battle for you and guide you through the entire process.
2. Fixed Legal Fees
When many people think of hiring a lawyer they think that the costs are way to high and far out of their reach. There is an unfortunate stigma surrounding lawyers that they are simply out there to rip people off for their money.
What we like to do is take the guessing game out of the equation by being 100% up front and honest with our clients by advising them of a fixed legal cost. This is a one off fee that will be quoted to the client at the commencement of the matter and it is this one off fixed fee which will cover the entire matter right through until a final result is reach in the Local Court.
We are open to clients wishing to pay off the fixed fee amount by way of installments so long as the total amount is paid of prior to the final Court appearance.
The majority of our drink driving matters that involve a guilty plea are quoted at the fixed fee of $1700 plus GST however for more complex matters or Courts which involve significant travel then we can charge up to $2500 plus GST.
However, one thing that you can be certain of is that the fixed fee amount that we quote you at the beginning of the matter will be the amount that you have to pay and not a dollar more.
3. Negotiate with Police
All too often we find that the Police Facts Sheet of a drink driving matter tends to have certain statements and facts included by the police which do not directly relate to the elements of the charge and which tend to frame out client in a pool light before the Court. We find that sometimes these statements can act prejudicially towards out client and only go to increasing the severity of penalties handed down in their matter.
Alternatively, if we feel that the Police Prosecutions case is significantly weak then we can write to the Police seeking to either negotiate the charges by having them lowered or withdrawn altogether.
If there are prejudicial statements in the Police Facts Sheet then we can submit written representations to have certain facts omitted from the Police Facts Sheet prior to the prosecution handing them up to the Magistrate in Court.
Basically, we have experience in negotiating with the Police and Police Prosecutions in certain circumstances to obtain a better result for our client.
4. Advise & Seek Special Court Orders
As lawyers who specialise in drink driving offences and other traffic matters we are completely up to date with the relevant laws that apply to these types of offences which basically means that we know what additional orders that we can seek to obtain from the Court in order to help you get back on the road quicker or get a better result in Court.
Other lawyers who are not well versed in the areas of criminal and traffic law can often overlook specific laws and orders that the Court can exercise in order to help you get back on the road quicker or help you avoid a criminal conviction for certain matters.
5. Assessing Defences
From the outset of each and every matter that our specialised traffic lawyers act on they will look at every single angle in telethon to your criminal offence.
Through having a deep understanding of the law and case law we are able to quickly assess whether or not there are any valid defences available to our client in order to try and negotiate the withdrawal or dismissal of the charges.
6. Character References
When a person is pleading guilty on a drink driving charge then it is important to provide the Court with some insight into the defendant’s life and this can most certainly be done effectively through well written and set out character references.
We can best advise you on the type of person who would be best suited in providing you with a Character Reference. In addition to this we provide our clients with a Character Reference Guideline which is a 2 page document which our client can then pass on to the person making the Character Reference which will act as a very good guide to helping them set out and write the reference.
Finally, prior to the final hearing we generally like to review the Character References in order to ensure that it is well written, well set out and to ensure that there are no statements which could work against our clients case.
7. Traffic Offenders Programs
When it comes to criminal offences including drink driving matters then any sort of rehabilitation or education programs that a person partakes in can be very beneficial to that person when it comes time for the Court to make its judgement on the penalties and sentences.
There are different types of traffic programs that exist in Sydney and throughout New South Wales. Some of these programs are recognised by the Court system while some are not. We can best advise you as to whether or not the Traffic Offender Program would be helpful for you to complete. We can also advise you of all the details and the appropriate courses to take part in.
It will be up to the person who has been charged to enrol and successfully complete the course but we can certainly best advise you and point you in the right direction as to how you can go about completing any rehabilitation or education programs.
8. Strategic Oral Submissions
Our DUI lawyers have a very effective and efficient way of obtaining the very pertinent information needed from the person charged in order to craft together strategic oral Court submissions that our very experienced DUI lawyers can present to the Court.
Presenting well prepared oral submissions to the Court is one of the most important aspects of delivering a good and persuasive case to the Court in order to obtain the best result possible for our clients.
Having a large amount of experience in representing clients in drink driving offences in the Local Court our DUI lawyers are well versed in really pushing forward the important points that the Magistrates focus on and rely upon when deciding a persons penalties and sentences.
Generally when it comes time to presenting a case before the Court a lawyer will have a small window of 5-10 minutes to crunch together all the most important issues and arguments to help present the client in the best light possible. These submissions before the Court need to be presented in a well structured and flowing order so as to really grab the Magistrates attention and persuade the Magistrate that the particular case should be dealt with in a different way than the average drink driving case and therefore it justifies lighter penalties and sentences.
It is a crucial element of obtaining a good result in Court that a well prepared and strategic submissions are presented to the Court. This is what our DUI Lawyers are skilled at doing.
9. Good Working Relationship With Prosecutors & Magistrates
Since our DUI lawyers represent so many clients in relation to drink driving offences in Local Court in Sydney and all of the surrounding areas they have working working relationships with most of the police prosecutors and Magistrates in the Local Courts. Appearing before the various Local Court Magistrates on a daily basis put our DUI Lawyers NSW in a far better working position that other lawyers who rarely deal with and understand how to approach the various different Local Court Magistrates and the police prosecutors.
Whilst the criminal drink driving laws of New South Wales are set in legislation and need to be applied by the Courts there is often varying amounts of discretion which the Magistrates can apply to each drink driving matter and which can also dramatically affect the outcome of the penalties and sentences.
For this reason it can be extremely helpful for a drink driving defendant to obtain the services of a quality DUI lawyers NSW as they know and understand exactly what the Magistrates are seeking to hear from defendants in relation to mitigating the facts surrounding their drink-driving charges.
So it can be extremely beneficial for your Court case if you choose to hire a good quality traffic lawyer who appears before Local Court Magistrates on a daily basis so that they have a good feel of what the Magistrate expects and what submissions appeal to that particular Magistrate.
10. Honesty
Our lawyers prefer to give you 100% honest and real advice when it comes to your drink driving offence. Some lawyers have been known to promise their clients the world just so that they can obtain their business. However, the problem is that when they are unable to deliver on their promises it makes for a very unfulfilled and unhappy client.
For this reason we believe that it is very important to manage client expectations and we are able to do this by being upfront and honest with our clients. Make no mistake, we will pull out all stops to get the best result possible for you and assess every angle of your case. But our primary motive for our business is to have happy clients and by promising unrealistic outcomes that are impossible to deliver on then this just creates dissatisfaction with our clients.
There is no point in telling a client that we can possible get them a section 10 dismissal when in fact the reality is that the client could be facing a jail sentence. Honesty is key to managing client expectations and also informing the client of what can be expected throughout the entire process.
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Speak to our DUI Lawyers – Josh Boorman Ph: 1300 941 900
Our DUI Lawyers can be contacted at:
Sydney Drink Driving Lawyers | DUI Solicitors NSW
Email: jboorman@boormanlawyers.com.au
