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If you are going to court for a drink or drug-driving matter in the ACT or Queanbeyan, you will be well served to complete one of three courses before you get there.
These are courses aimed at reducing the likelihood of people committing further alcohol or safety-related traffic offences. This is done through a series of education sessions that are designed to increase people's understanding of their:
When sentencing a traffic offender, the Judge or Magistrate will give credit for completion of such a program because:
The Guideline Judgment on High Range Drink Driving (PCA) offences, which is a NSW judgment endorsed by the ACT Supreme Court, says completion of such a program is a proper basis for a reduction in the otherwise appropriate disqualification period and fine.
It is your choice whether to speak for yourself in court or have a solicitor represent you. It is important to bear in mind that although traffic offences are often trivialised in the community, they are taken very seriously by the Court. It can also be very daunting for a person who has no experience with the criminal-justice system to present a plea in front of a Magistrate in a crowded courtroom. Our solicitors specialise in traffic matters and will use their experience and expertise to lead you through the Court process generally and take full advantage of the positive aspects of your case and the completion of any relevant courses before coming to court.
Call 1300 146 568 for more information.
There are a variety of courses in the ACT region.
The Traffic Offender Intervention Program has been running in NSW for many years and has recently been introduced in the ACT. This program is based on the program that runs in NSW PCYCs for Court mandated offenders. TOIP involves presenters with experience and knowledge of road safety and road trauma, educating offenders about the risks and consequences of unsafe driving behaviours.
The program is run by the Police and Citizens Youth Club (PCYC). There are six sessions run over six weeks:
The program is held every Monday evening and is designed as a rolling course, meaning there is no specific order that participants must complete the program in. Participants are able to join any week and finish in 6 weeks time, depending on public holidays. This also means if you miss a session you can make it up in the 6 weeks.
The course aims at reducing dangerous driving behaviours and increasing participants understanding of the importance of road safety. At the completion of the course you will be given a certificate of completion to be used for sentencing.
In the ACT the program is a voluntary program, however the Court, through a condition on a bail or good behaviour order, may mandate it. The Court may also delay or adjourn the sentencing of a matter to allow the offender to complete the program.
Details of the program are as follows:
"Think Ahead" is an ACT course for first-time drug-drive offenders or first-time drink-drive offenders with a reading below 0.08 (www.getroadready.com.au; email@example.com). It is a two-hour program and costs $90, with a discount for concession-card holders.
"Know The Risk" (www.getroadready.com.au; firstname.lastname@example.org) and "Reversed" (www.karralika.org.au; email@example.com) are ACT courses for repeat offenders under 0.08 and for first and repeat offenders above 0.08 or repeat drug-drivers or for those who refuse or fail to provide a sample or take a test (whether first or repeat).
"Know The Risk" involves two three-hour sessions a week apart and costs $230, with a discount for concession-card holders. Similarly, "Reversed" is two three-hour sessions a week apart and costs $220 ($180 concession)
The Queanbeyan Local Court accepts the above programs in mitigation of offences sentenced before it.
Queanbeyan has its own course, too. The SAVE Traffic Offender Intervention Program operates out of the Kangaroos Club, corner Stuart St and Richard Ave and involves a day-long program, usually 9am to 5pm on nominated Saturdays and costs $150. (firstname.lastname@example.org; Ph: 0408 910 025).
Goulburn and Yass Local Courts are served by a program run through the PCYC Institute (email@example.com).
There is also a program located at Nowra and Bateman's Bay called the "Serious Traffic Offender's Program" (STOP). This program is not accredited but given the limited options available in the area the court will generally give credit to those who undertake it.
The Guideline Judgment of the Court of Criminal Appeal in NSW is looked to in almost every sentencing of a drink-drive matter.
The judgment was brought down in 2004 and has been accepted into ACT law 10 years later via the judgment of Justice Burns in the case of Tindall v Spalding [2014 ACTSC 253].
The Guideline Judgment has the following to say about intervention programs and drink-driving charges:
"There is evidence that suggests that attendance at such a program lessens the likelihood of reconviction for drink driving. This may be not only because of the educative value in causing the offender to appreciate the consequences of such conduct but also because of the humiliation experienced by an offender in being required to attend such a program."
The judgment also covers High Range PCA offences specifically:
"Notwithstanding the undoubted beneficial effect upon a driver of participation in a driver education program, that fact can have little impact, in my view upon the appropriate sentence to be imposed for an offence of high range PCA in the usual case, except in so far as the length of disqualification may be concerned or the amount of a fine. The offence in general is so serious and the criminality involved in even a typical case so high that, in my view, the participation of the offender in a program cannot be seen as an alternative to punishment for an offence of this nature. In particular there is no warrant at all for the making of an order under Section 10 [the ACT equivalent is Section 17] simply because the offender has participated in such a program or is to do so as part of the conditions of a bond."
In our experience participation in a program reduces the fine and period of disqualification or suspension, and in some cases (notwithstanding the Guideline Judgment) it can contribute to the Court not imposing any punishment at all but instead dismissing a charge pursuant to s17 of the Crimes (Sentencing) Act 2005.
The benefits include:
The costs vary depending on the program. The two programs that offer two three-hour sessions a week apart are priced at $230 and $220. The day-long Queanbeyan program costs $150.
A relevant drink- or drug-drive course must be completed before a driver found guilty of an offence and disqualified from driving will be re-issued with a licence by the Road Transport Authority of the ACT.
It must be completed inside the timeframe of your disqualification.
Well-prepared defendants complete, or at least enrol in, a relevant course before coming to court.
In NSW, most Traffic Offender Intervention Programs will allow anyone to attend. However, the course is most appropriate for people who:
Topics covered vary from provider to provider, and can include:
There is often a workbook that must be completed, including a "final reflection" where you will be required to comment on what you have learned at the course and your reflections on your offence generally.
In NSW, the comments included in the "final reflection" sometimes are automatically included in the completion report that is forwarded to the Court, so please take your time and choose your words carefully.
In the ACT, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.
Contact Armstrong Legal:
Canberra: (02) 6288 1100
Brisbane: (07) 3229 4448
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777