NSW Drink Driving & Traffic Offences

[Bobby]

I have been caught drink driving while i was disqualified from drink driving. Does this mean I have to get a gaol term?

[pauld]

The Court would view the fact that you are driving whilst disqualified as an aggravating feature. Victoria no longer has mandatory jail for the charge of driving disqualified/suspended, but your chances of receiving a jail term of some type (i.e., suspended sentence, intensive correction order) are increased as the Court would take the view that you didn't learn from your first mistake and have continued to drink-drive, but this time in more aggravating circumstances. My advice to you would be to undertake some form of counseling to demonstrate to the Court that you have learnt from your mistake and have done something about it. They would want some kind of assurance that you are not a risk to the larger community.

[Bobby]

Thanks a lot for your advice. I am being really careful now not to drive at all until this is all over.
What does a "aggravating feature" mean? Is that a lawyers term or is it just mean a bit worse.

[pauld]

Hi Bobby,

Sorry, yes, that is a lawyer's term but you are correct: an aggravating feature is something that makes the offending worse. For example, driving when your licence is disqualified by a Court is an offence, but the act of driving under the influence of alcohol while disqualified is aggravating. I hope that clarifies the issue for you.