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Local Court Drink Driving Offences

Legal aid is available for Local Court offences under Part 2 of the Road Transport (Safety & Traffic Management) Act 1999, (PCA , DUI, Refuse/Hinder Breath Test etc) and concurrent traffic offences, only where
  • there is a real possibility of a gaol sentence being imposed, or
  • exceptional circumstances exist.
    This policy applies to all such proceedings, whether commenced by charge or summons.
    A grant of aid is subject to Means Test B and the State Criminal Law Guidelines.

    Late applications
    Where an applications for legal aid for Local Court defended matters are made within 14 days of the hearing date, aid is only available in exceptional circumstances.

    Frivolous Defences
    In Local Court defended matters legal aid is not available where the defence
  • is frivolous
  • has no prospects of success.

    See also Are You Pleading Guilty to a Drink Driving Charge? on this website.




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    The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.

    most recently updated 19 March 2002