A court can decide not to impose a penalty irrespective of the seriousness of a drink driving charge by dismissing the charge under section 10 of the Crimes (Sentencing Procedure Act). If an order is made under section 10 there is no criminal conviction recorded and no disqualification or fine imposed.
An order under section 10 may be made if the court is satisfied that it would reduce the likelihood of the person committing further offences by promoting the treatment or rehabilitation of the person.
Section 10 orders can be made with or without conditions as in Conditional release orders (CROs).
There are factors set out in Section 10 that a court must consider when deciding whether or not to make such an order.
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