No Conviction for DUI NSW
NSW DUI Lawyers: Understanding Section 10 & Conditional Release Orders
If you've been charged with drink driving in NSW, navigating the legal process can be daunting. However, certain provisions under the Crimes (Sentencing Procedure) Act 1999 (NSW) may allow you to avoid a conviction, license disqualification, and fines in specific circumstances.
Our NSW DUI Lawyers are highly experienced in handling drink driving offences and guiding clients through the court process. In some cases, the court may exercise discretion under Section 10 or issue a Conditional Release Order (CRO) under Section 9(1)(b) to ensure a fair and just outcome.
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What Is a Section 10 for Drink Driving in NSW?
When a person pleads guilty or is found guilty of a drink driving offence, the court has the discretion under Section 10 of the Crimes (Sentencing Procedure) Act 1999 to dismiss the charge without recording a conviction.
A Section 10 order can prevent:
- A criminal record from being recorded.
- A license disqualification from being imposed.
Any financial penalties from being applied.
Due to these significant benefits, securing a Section 10 is considered an ideal outcome for drink driving offenders. However, this discretion is only granted in exceptional cases, and legal representation plays a crucial role in increasing your chances of success.
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Types of Section 10 Orders in NSW
The court has three main options under Section 10:
1. Section 10(1)(a) – Dismissal of Charges
The best possible outcome, where the court finds the offender guilty but completely dismisses the charge without further conditions. This is rare and usually granted in minor or exceptional cases.
2. Section 10(1)(b) – Good Behaviour Bond
This is the most common Section 10 outcome. The offender enters into a good behaviour bond for up to 2 years. If no further offences are committed during the bond period, no conviction is recorded.
However, if the bond is breached, the offender may be resentenced for the original charge.
3. Section 10(1)(c) – Intervention Program
The offender is discharged on the condition that they participate in an intervention or rehabilitation program. This is generally used in cases where drug or alcohol dependency is a factor in the offence.
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Conditional Release Orders (CRO) Under Section 9(1)(b)
In some cases, if the court determines that a formal conviction is not necessary, it may issue a Conditional Release Order (CRO) under Section 9(1)(b) of the Crimes (Sentencing Procedure) Act 1999.
A CRO is similar to a Section 10 bond but carries additional conditions, such as:
- Good behaviour requirements for up to 2 years.
- Possible rehabilitation or intervention programs.
- No recorded conviction (if issued under Section 10(1)(b)).
Both options offer significant benefits, but securing them depends on the circumstances of your case and how it is presented to the court.
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How Can You Improve Your Chances of a Section 10 or CRO?
Obtaining a Section 10 or a Conditional Release Order is not guaranteed. However, there are steps you can take to improve your chances:
- Complete a Traffic Offenders Program – Demonstrates responsibility and willingness to learn from the incident.
- Obtain Character References – Well-written references from employers, family, or community members can help.
- Show Genuine Remorse – A respectful and remorseful attitude in court can influence the magistrate’s decision.
- Highlight Exceptional Circumstances – If a conviction would cause significant hardship (e.g., job loss, medical issues), this can be considered.
- Engage an Experienced DUI Lawyer – Skilled legal representation ensures that your case is presented in the most favourable light.
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Why Legal Representation Matters in Drink Driving Cases
Courts are increasingly cautious about granting Section 10 orders or CROs for drink driving cases, given the serious risks associated with impaired driving. A well-prepared legal argument can significantly enhance your chances of receiving leniency.
- Understanding Magistrate Preferences – Different magistrates have varying attitudes towards Section 10 applications. An experienced NSW DUI Lawyer knows how to tailor arguments based on the presiding magistrate.
- Strategic Case Preparation – Legal experts know which mitigating factors to emphasise and how to present a compelling case.
- Avoiding Common Mistakes – Self-represented individuals often fail to provide the necessary evidence to support their Section 10 or CRO application.
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Beware of Lawyers Promising a Guaranteed Section 10
No lawyer can guarantee a Section 10 or CRO outcome, as the decision ultimately rests with the magistrate. While a strong legal argument increases your chances, results depend on case-specific factors.
A realistic approach and expert legal representation are crucial. Any lawyer who "guarantees" a Section 10 should be approached with caution.
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Contact Our NSW DUI Lawyers Today
If you are facing drink driving charges in NSW, our experienced DUI lawyers can assess your case and determine the best strategy to achieve a favourable outcome.
Call us now on 1300 941 900 for a confidential discussion about your legal options.
We will fight to protect your rights and help you achieve the best possible result for your case.
Meet Our DUI Lawyer
Joshua Boorman is the principal lawyer at Boorman Lawyers, he was admitted to the Supreme Court of Queensland in 2008 where he has continued to work in the area of Traffic Law in Queensland and New South Wales ever since admission.
Over the years Joshua has worked for some well known law firms in Queensland and New South Wales before starting Boorman Lawyers in 2016. Throughout his career, Joshua has appeared in all of the major legal jurisdictions. Joshua would regularly appear on his own in the Local/Magistrates, District and Supreme Court and has on many occasions instructed Junior and Senior Counsel in the Court of Appeal. Joshua has even been involved in instructing Counsel at the High Court which is a jurisdiction that most lawyers rarely get to appear in.
Joshua is an experienced, hard working and honest professional who constantly obtains the best results for his clients. Please feel free to contact Joshua today to discuss your matter with him - 1300 941 900 or jboorman@boormanlawyers.com.au
Our Approach
We are a results focussed firm that is interested in seeking the best possible outcome for our clients DUI and traffic law cases in New South Wales.
We believe that a combination of our experience in appearing 1,000's of DUI cases puts us in the best position to be able to deal with any DUI cases that comes our way. We also pride ourselves on being extremley knowledgable in the area of Traffic Law in New South Wales.
Having this knowledge and experience doesn't mean anything unless we are able to work hard to prepare a quality legal case to present to the Court on your behalf. Our philosophy is to work hard and prepare well for our clients. This allows us to put our clients best foot forward in achieving the best outcome possible.
To find out more about the situation you may find yourself in then feel free in contacting us today to discuss your matter, alternatively you may wish to read up on some of the most common and important issues surrounding drink and drug driving in New South Wales which you should be aware of if you have been charged with a DUI or serious traffic offence in NSW.
DUI ISSUES
There are a range of different drink driving categories that exist in Qld.
Drug driving offences have become prevalent in recent times & attract serious penalties.
What you need to know about going to Court and dealing with a DUI charge in New South Wales.
In some rare circumstances you MAY be able to avoid a criminal conviction for certain DUI & traffic offences.
Losing your licence from a low range DUI, drive with drug present or high range speeding there you MAY be in a situation where you can Appeal the suspension.
NSW Traffic Law Topics
Our lawyers are experienced in all areas of New South Wales traffic law. See some of the more common topics and offences below that we can assist you with.
Appeal Immediate Police Suspension to get back driving soon after a Low Range PCA
Different kinds of suspended or unlicenced driving offences exist with varying penalties
Traffic Offenders Program can help you learn about driver safety & reduce your penalties
Every case is different however many rae similar & go through a similar court process
Testimonials
Our NSW DUI Lawyers have a proven track record of achieving exceptional Court outcomes for our client's DUI & Traffic Law cases.
Contact Us For A FREE Case Consult
We are happy for you to contact us FREE of charge to have a brief chat about the situation you may be in. We can provide you with some information and discuss with you some of the likely penalties. We can also talk with you about how we can best represent you in your Court case.
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Ph: 1300 941 900
Email: jboorman@boormanlawyers.com.au
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Brisbane QLD 4000
Gold Coast QLD 4217
Sydney NSW 2000
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