Section ten cross boder rules

Discussion in 'Traffic Law Forum' started by Craig wojtowyez, 8 May 2018.

  1. Craig wojtowyez

    Craig wojtowyez Active Member

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    Hi all just a quick question if any one could help me with this?
    Iam on a section 10 from nsw for low range drink driving (the next moring) but had a good driving record so I was giving a section ten
    How ever I have been found and charged in vic for drug driving what will the out come be?? I no it's at least 3months for the vic charge,
    But will cross borders and will have to face my good behaviour bond in nsw it runs out next Jan,
    Any help or advice would be most grateful
     
  2. Adam1user

    Adam1user Well-Known Member

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    Both of your infringements are considered a big No-No, you got section 10 on the first which was a warning, so the next one is the final, I may be wrong but you will be charged with both. If the second one was of a lesser infringement, the outcome could have been better, but from what you wrote, I think you will be charged with both now.
    if I'm wrong, someone should write otherwise,
     
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  3. Craig wojtowyez

    Craig wojtowyez Active Member

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    Hi and thank you yeh I was thinking that just wasn't sure on how it works
     
  4. Tim W

    Tim W Lawyer
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    "Otherwise"

    Firstly.,. @Adam1user has it wrong when calling a section 10 a "warning".
    It's not. A section 10 necessarily involves a finding of guilty against you.
    The difference is that there is no conviction recorded.
    A bond is not a "warning" - it's a promise that the person makes to the court
    to behave themselves for the period of the bond.
    He is indeed wrong.

    To say "you will be charged with both" is incorrect.
    You won't be charged again for the original offence.
    You've already been charged and dealt with for that - it's what you got the bond for.

    What can happen though, is that you can be brought back before the court
    for the breach to be dealt with, separately to the later offence.

    In NSW, the court has a number of options when dealing with a breach - which are basically
    do nothing, vary the conditions of the bond, or actually sentence you on the original charge.
    That can happen separately to being dealt with for the later offence.

    A person can breach their NSW bond by committing an offence in another place.
    It doesn't have to be much of an offence, and you don't necessarily have to be convicted of it.
    So, for example, a finding of guilty with an associated "undertaking" in Victoria,
    could see you in breach of a NSW bond condition to be of good behaviour.
    I defer to the Victorian lawyers here for detailed information about that aspect.
     
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  5. Craig wojtowyez

    Craig wojtowyez Active Member

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    Thank you for your help
     
  6. Adam1user

    Adam1user Well-Known Member

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    Thanks Tim for your detailed answer and explanation (I am not being sarcastic).

    I was answering in a simple way, additionally, I am not a lawyer, Craig asked what will happen, Section 10 is surely not a warning but can be considered as one, this is what I meant by a warning, the person is charged, of course, which stays in his record, but as I understood it will not be shown for example when asked by insurance company, secondly, when I stated: "will be charged for both" which means the first infringement would be recorded in his record and would have to pay it and get the points, my answer was in simple terms as you can see and was in three lines to make it easy.

    I also stated I may be wrong, and I'm sure if you search all the Australian Acts and Regulations you will never find a "big No-No" !
     
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  7. Craig wojtowyez

    Craig wojtowyez Active Member

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    Thank you for your help as I was just seeing if I broke the bond and if it gets taken off will the first offence come back and be charged with that? Eg, losing my licence for longer??
     
  8. Tim W

    Tim W Lawyer
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    Each offence can be dealt with separately,
    and you can't automatically trade off the penalty for one
    against the penalty for another.
    And yes, if you breach the bond, then you can be sentenced
    for the original thing you go the bond for.

    So yes, you can quickly end up in
    trouble upon trouble upon trouble,
    all at the same time.
     
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  9. Craig wojtowyez

    Craig wojtowyez Active Member

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    Ok than you for that just trying to plan ahead than you for your help
     
  10. Tim W

    Tim W Lawyer
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    Your best "plan ahead' is to behave yourself - everywhere, and in every way.
     
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