Section 10
1. What is a Section 10?
A Section 10 is a special discretionary power that the Magistrate hearing your matter can exercise. That power is to dismiss the drink driving charges that have been laid against you. A magistrate may also attach a condition to a Section 10, such as a bond or a fine.
2. Can I Get a Section 10?
Obtaining a Section 10 Dismissal of your drink driving matter will depend on the circumstances. Generally speaking, it is easier to obtain a Section 10 Dismissal for a low range drink driving charge rather than a high range drink driving charge. Other factors do have an important impact on the likelihood of obtaining a Section 10. An example of this is your previous driving record and/or your criminal record.
3. This is What We Can Do for You!
We can advise you on whether it is likely that you will be able to obtain a Section 10 Dismissal. If applicable, we can then make strong submissions on your behalf to the court that may result in the magistrate exercising his discretion and granting you a Section 10 Dismissal.
