The circumstances of the individual offence and the factors assessed by offence-specific guidelines will determine whether an offence is so serious that neither a fine alone nor a community sentence can be justified. Where the offender is a care leaver the court should enquire as to any effect a sentence may have on the offender’s ability to make use of support from the local authority. Courtroom Counsel Copy . Sentences should not necessarily escalate from one community order range to the next on each sentencing occasion. Maximum: Unlimited fine and/or 6 months. The plans for sentencing guideline changes, proposed in 2017 centre around: Introducing life sentences for those who cause death by dangerous driving, and for careless drivers who kill while under the influence of drink or drugs. I presume he has admitted to police that he was driving if they are charged him with drug driving or the police have evidence that he was driving. The court should take into account section 74 of the Sentencing Code (reduction in sentence for assistance to prosecution) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator. You can be given a penalty for: failing a roadside drug test; driving while impaired by a drug; refusing to undertake a roadside drug test and/or impairment test by Victoria Police. 1194-a: Driving after having consumed alcohol; under twenty-one; procedure. Driving a vehicle while “ability impaired” by alcohol, drugs, or a combination of alcohol and drugs is referred to as “DWAI.” DUI per se. General Laws c.90: § 24 Driving under the influence of alcohol or drugs § 24D Probation, alcohol education, alcohol treatment § 24E Dismissal of charges upon compliance with terms of probation § 24I Possession of alcoholic beverages in motor vehicles § 24J Inquiry of defendant convicted of driving under influence of intoxicating liquors as to establishment serving alcohol The court can take account of physical disability or a serious medical condition by way of mitigation as a reason for reducing the length of the sentence, either on the ground of the greater impact which imprisonment will have on the offender, or as a matter of generally expressed mercy in the individual circumstances of the case. 1. Custody should not be imposed where a community order could provide sufficient restriction on an offender’s liberty (by way of punishment) while addressing the rehabilitation of the offender to prevent future crime. Disqualification until a test is passed, 6. Where an offender is being sentenced for a non-imprisonable offence, there is no power to make a community order. Do not retain this copy. Offences and penalties related to driving under the influence of alcohol and drugs in NSW. For these reasons first offenders receive a mitigated sentence. Where an offender has turned 18 between the commission of the offence and conviction the court should take as its starting point the sentence likely to have been imposed on the date at which the offence was committed, but applying the purposes of sentencing adult offenders. Offences for which penalty notices are available, 5. Where the offender is dealt with separately for a breach of an order regard should be had to totality. Disqualification of company directors, 16. Refer to the Sentencing offenders with mental disorders, developmental disorders, or neurological impairments guideline. 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