Section 10 of the Crimes (Sentencing Procedures)
Act for Driving Offences
Section 10 gives the Magistrate special powers to deal with a driving matter.
This depends on the circumstances surrounding the offence and the particular circumstances of the offender. This includes any past criminal record; driving record and other special circumstances.
Obtaining a Section 10 from the Magistrate has the highest chance of success if the driving offence in question is a Low Range PCA. For Medium and High range,
a successful Section 10 grant becomes much harder to obtain.
What conclusion should you draw from this?
The conclusion is that it is far more important for you to seek legal advice if you have been convicted of the LEAST serious DUI offence as there is a far greater chance that we will be able to present to the Magistrate your case to be dealt under Section 10 and help you avoid a conviction and disqualification altogether.
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