Hi there. In New South Wales, a person holding a provisional
P1 or P2 licence must not drive a motor vehicle whilst their blood alcohol
concentration exceeds zero. This means that you cannot have any alcohol in your
system when driving on a P1 or P2 licence. From the information you provided,
it appears that your son has broken this law and been charged with an offence.
When a person is charged with a criminal offence, they have
the option of pleading guilty or not guilty. If your son decides to plead
guilty, he will be admitting to the Court that he committed the offence of
drink driving, as alleged by the police. The Magistrate, the person presiding
over the hearing, will then decide an appropriate penalty.
The Magistrate must first consider a number of factors, such
as the circumstances in which the offence occurred, the danger posed to the
community, and the need to deter your son from reoffending. The Magistrate must
also consider the personal circumstances of your son, such as his personal
character and any previous driving or criminal offences. The Court will also
consider any remorse or acceptance of responsibility shown by your son.
After taking the above factors into account, the Magistrate
will decide whether or not to impose a penalty. If a penalty is imposed, it may
be a fine of up to $1,100 and/or licence disqualification for a period of 3 to
6 months. The penalties will be higher if your son has previously been charged
with the same offence.
If your son is intending to plead not guilty, the court
process is more complex as he would be disputing the evidence the police have
about his blood alcohol concentration. You would need to engage a lawyer to
represent your son in court if he intends to plead not guilty.
Yes, you can proceed on that basis but you'd have to accept the initial reading.
This would then be a case of entering a guilty plea on those facts, doing a traffic offender course and preparing character references.