A Criminal Proceeding is a process in the Singapore justice system wherein a proceeding is held in the court to prosecute a person charged (or to be charged) with the commission of a crime. Should you elect to plead guilty, we will be able to draft a mitigation plea that sets out any/all of the personal mitigating factors to show that a lesser sentence is warranted against you. Speak to a lawyer now Penalties for Drink Driving in Singapore Motorists in Singapore caught drink driving are being given stiffer jail sentences and increased fines and penalties. The charge(s) and the statement of fact(s) will be read out to the accused again before proceeding to the trial. The legal drinking age in Singapore is 18 years old. The appeal proceedings; and The mental element of an offence is also commonly referred to as fault. Thereafter, the police shall, without any unnecessary delay, and in any event,within 48 hours notice, take or send the person arrested before the Magistrate Court. Drink & Driving Law in Singapore - Common Traffic Rules, Violations in 3 You must be present with the accused for you to discharge yourself a bailor. However, the suitability to be a bailor is subject to the discretion of the Court, and the Court may impose additional restrictions on who can stand as a bailor for an accused person. The maximum penalties for Voluntarily Causing Hurt that can be meted out by the court include an imprisonment of up to 10 years of imprisonment, or with fine, or with caning, or with any combination of such punishment. Share on pinterest Share on linkedin DUI: Here are the Penalties for Drink-Driving in Singapore Consult a lawyer today If you are facing a drink driving charge, our team at Populus Law Corporation can help you. Crime involves behaviour that is so serious that it cannot be treated simply as matter that can be resolved privately. If you wish to plead guilty to the offence, we will assist in preparing your mitigation and submission on sentence. Voluntarily causing grievous hurt to deter public servant from performing their duties. Share on pinterest Occasionally, the Court may also request parties to submit their closing submissions by way of oral submission. Michigan Distracted Driving Laws 2023: Here's What To Know The information contained within this website contains general information about our lawyers, Law Firm and procedures and is not intended to constitute legal advice. The driver was arrested for drink driving. Our specialised lawyers and their team are standing by to assist you. Share on facebook Under the current regime, harsher sentences are meted out for repeat offenders who drive under the influence. Our first consultation is free. The authorities show no fear nor favour in prosecuting such offences. Overview Of Defences Share on facebook What to Do If You'Re Charged for Drink-driving This means that only individuals aged 18 and above will be permitted to purchase and/or consume alcoholic beverages in Singaporean establishments licensed to sell alcohol (such as restaurants and supermarkets). Our first consultation is free. We are not here to simply talk, we're here to provide REAL solutions. The court will also be appreciative of the time and cost saved by the court for the timeous plea of guilt made by accused. Our first consultation is free. The accused may wish to consider writing a letter of representation to the public prosecutor. Aggravated Form of Voluntary Causing Hurt Upon the acceptance of the accuseds letter of representation, the public prosecutor may (1) drop the charge(s); (2) give a lesser charge(s) or (3) proceed with the original charge(s) but with the lower sentencing position. During the committal hearing, the Public Prosecutor will be the first to present his case by outlining and establishing his case and to explain to the court the core issues in the criminal proceedings. by Ray Louis Law | Jun 30, 2019 | Drink Driving, Mitigation, Pleading Guilty, Punishment, Representations, Traffic & Drink Driving, Traffic Offences nature and gravity of the offence/s charged Thus, in our criminal justice system, the court may impose an order depriving a convicted person of his life, liberty or property. Share on facebook Share on pinterest Visit The Singapore Lawyer to hire a lawyer based in Singapore. CONTACT US TODAY FORMERLY KNOWN AS B RAO & K.S RAJAH ESTABLISHED IN 1987. However, this is not recommended, as there are several reasons why it's important to hire a lawyer for a Drink Driving Offence in Singapore. Our first consultation is free. A CCMS can only be applied to selected cases wherein the accused is represented by a legal counsel, and the accused is currently on bail. For example, if the bail amount that you have executed for the accused is $5,000, the court will ask you to explain the reason/s why you should not be asked to pay the full $5,000. This is called an agency bail. The charge/s will be read to you in a language of your choice. The committal hearing is the trial for the charges against the accused wherein thepublic prosecutor will be requiredto prove beyond reasonable doubt that the accused had committed the crime. The duties as a bailor is a very serious obligation, and all bailors must ensure the following: Drink-driving refers to getting behind the wheel of a vehicle after heavy alcohol consumption. Take notice thatthere is no limitto the amount of the Letter of Representations that you can write to the public prosecutor to present your case. Is There Other Alternative Aside from CCMS? Contact Us We will also assist in writing letters of representation for you to the Attorney-Generals Chambers. Different State Agencies Involved Our specialised lawyers and their team are standing by to assist you. In normal circumstances, you would already have been issued a bond at the police station after you have been released from investigations. The information contained within this website contains general information about our lawyers, Law Firm and procedures and is not intended to constitute legal advice. Our specialised lawyers and their team are standing by to assist you. CONTACT US TODAY Speak to a lawyer now In the occasions where the offender was given a sudden and grave provocation that lead to the offender committing the offence, the offender will not be excused of the offence under the Penal Code. Further, if any harm is caused to another road user, the driver will face a minimum mandatory imprisonment term of between 1 to 5 years. The purpose of a PTC is to update the court of the progress of the criminal proceeding. Contact Us 5 Things That May Happen Before Your Court Trial The Defence or the accused will then be given the opportunity to cross examine the Public Prosecutors witness. The Law on Drink Driving 7.10.2022 Author Jeremy Cheong Phone +65 6206 5200 There are serious consequences to drink driving in Singapore - including the potential for loss of life. 7 Mitigation Plea Before Getting To A Verdict Jun. Section 67 of the Road Traffic Act sets out the offence for driving on a road or other public place while under the influence of alcohol or other intoxicants. The Defence / accused will also be given the opportunity for a re-examination of the witness to clarify the witnesss testimony during the cross-examination. The crux of voluntariness, however, is control rather than consciousness. Legal advice can be beneficial to the accused during plead guilty mention as a lawyer(s) can assist the accused in highlighting the relevant mitigating factor in his/her plead guilty mention to lower the possible punishment against the accused. Like this article? A conviction can result in: Fines What is Voluntary Causing Hurt? CONTACT US TODAY Amend your charge, either to a heavier sentence or (usually) a lower sentence; or Please consult a lawyer for specific review of your case and advise. Focus Law Asia LLC, Singapore. Legal Drinking Age and Drinking-Related Laws in Singapore You will not be punished. Permanent privation of the hearing of either ear; CONTACT US TODAY For non-arrestable offence, upon the offence being reported, filed and/or recorded, a police officer shall thereupon investigate the matter and the informant, by the order of a police officer, be referred to a Magistrate. CONTACT US TODAY Traffic Offences Archives - Criminal Lawyer Singapore | Criminal Houston, Texas - June 26, 2023 . The statute also dictates that the consumption of alcohol in public spaces between 10.30pm and 7am is prohibited as well. Under the law, the police do not require a warrant to require you to take a breathalyser test and/or arrest you if they have reason to believe that you are under the influence of alcohol. CONTACT US TODAY It has serious consequences and the law has no qualms about prosecuting drivers who are caught drink-driving. In Singapore, the legal drinking age is 18 years old. Drunk Driving Accidents: Seeking Compensation and Punitive Damages. Click one of our member below to chat on Whatsapp, Under the law it is an offence to drive or attempt to drive while under the influence of drugs or alcohol. Our specialised lawyers and their team are standing by to assist you. Contact Us The prosecution would have to prove its case against an accused beyond a reasonable doubt, which is the standard of proof required in criminal proceedings. First, however, you need to know that all criminal lawyer fees in Singapore vary depending upon their experience and your case's severity. Effective November 1, 2019, parliament amended the law that calls for higher penalties for drink driving offences. The information contained within this website contains general information about our lawyers, Law Firm and procedures and is not intended to constitute legal advice. The simple answer is no. The verdict will usually be given on the same day and may pronouns the sentence immediately. Drink drivers are one of the "biggest contributors" to serious accidents on Singapore's roads. A failure to do so may result in a warrant to arrest being issued against you. Is It Advisable To Hire A Lawyer For Drink Driving In Singapore? Voluntary causing hurt is committed when an individual does an act that causes grievous hurt to another individual while intending to cause grievous hurt to that individual and the hurt caused by the offender is one of a grievous hurt. Between 4 to 6 weeks imprisonment There a three (3) different type of plea bargaining: Like this article? Focus Law Asia is a boutique law firm in Singapore. Share on linkedin Please do not hesitate to contact us and we will see to your case. Each year, thousands of people in the US are injured or killed as . A lawyer may also assist in preparing the mitigation plea for the accused and in highlighting and presenting to the court the mitigating factor during the plead guilty mention. Up to 10 years of imprisonment and with fine or caning Where no bail is offered, the offence is usually a non-bailable offence. In other words, either you begin your pre-drinking earlier or you drink at the bar or club itself. What if the accused jumps bail? If you're facing a drink driving charge, you may be tempted to represent yourself in court. However, if you wish to proceed to trial, the court will usually set out the date of the next pre-trial conference (PTC) and the criminal case management system (CCMS) for parties to discuss their case, disclose information and to assess the relative merits of their case. Why are the police not arresting the individual committing the offence? Our first consultation is free. The offender will also be banned from driving for a minimum of two years . As such, a police officer will require an arrest warrant from the court before the arrest can be made. Leave a comment, +65 8182 2380 (Civil / Corporate Matters), +65 9711 8078 (Family, Syariah & Criminal Law Matters), 3 Shenton Way, #11-10, Shenton House, Singapore 068805 (Main Office), Syariah Probate & Letter of Administration, Criminal Offence: Voluntary Causing Grievous Hurt. Leave a comment, Letter of representations are a form of correspondences by you to the Public Prosecutor when you are charged in court in Singapore. How Are Criminal Offences Punished? 7 Best and Highly Rated Criminal Lawyers in Singapore (2023) Our first consultation is free. Address - Block 9 Jalan Kukoh, Unit 01-87, Singapore 160009 (Branch Office) Pleading Not Guilty Mallal & Namazie was established in 1933 by NA Mallal & MJ Namazie and is a full service law firm. Share on twitter Share on linkedin The bail will also be revoked and will no longer be valid. Share on twitter Our first consultation is free. Will I be penalised? Bail, what is it? Speak to a lawyer now Contact Us The general list of defences in the Penal Code are mistake, private defence, duress, necessity, consent, accident and the special exceptions to the offence of murder are provocation, excessive private defence and sudden fight. In the event that no arrest warrant was issued by the court for the offence, you may wish to consider filing a Magistrate Complaint or to seek for legal advice to assist you in this matter. Drink driving is a serious offence in Singapore, with penalties ranging from fines to imprisonment. Life imprisonment, or up to 15 years imprisonment and fine or caning Leave a comment, What Is Criminal Law? Under the drink-driving laws in Singapore, the legal alcohol limit is 35 microgrammes of alcohol in 100 millilitres of breath or 80 milligrammes of alcohol in 100 millilitres of blood. Singapore Airlines Ltd. Chief Executive Officer Goh Choon Phong was paid S$6.7 million ($5 million) last financial year, an 86% increase that puts him among the best-paid leaders in the industry. That the accused person released on bail stays in Singaporeunless he or she has been granted permission to leave the country by the court or the police. Our first consultation is free. Like this article? It's classified as a criminal offence under the country's criminal code. According to the Road Traffic Act, Section 67 (1), it is illegal to drink and drive in Singapore or to be under the influence of any other substances that can alter the natural state of a person. The offences created by the Penal Code and other criminal statutes use many terms to describe the fault of the prescribed offences. CONTACT US TODAY This therefore include a wide range of affliction including causing any physical injuries such as punching; and psychological injuries such as pointing a dangerous weapon on an individual to an extend that the said individual suffered from a psychological harm. Our first consultation is free. Mallal Namazie - Home What should you do when the Judge asks you if you admit to the charge/s? The matter will then proceed to mitigation hearing wherein the accused will now submit for any mitigation factor that the Court ought to consider before providing the sentence. Our first consultation is free. Pleading guilty at an early stage can also be taken as an indicator that the accused is remorseful for his action and it is commonly viewed as a mitigating factor that the court will consider when the sentence is meted out to the accused. The point of the charge/s is to give you notice of the offence/s that you are alleged of and a chance to defend yourself. First-time offenders of drink driving can generally expect a fine between $2,000 and $10,000 and disqualification from holding or obtaining a driving license for at least 2 years. If you are more comfortable speaking in your mother tongue, it is crucial to inform the court officer who is reading the charge/s to you. When the accused expressed his intention to not plead guilty or shown his/her reluctance to plead guilty, the Court will order for a Pre-Trial Conference to be fixed for the accused to prepare for his/her trial. As pleading guilty early is an indication of remorse, the Court will usually be of the view of the contrary if the accused is contending the charge sheet(s) and the statement of fact(s) produced before him. Our first consultation is free. A fundamental principle is that, where the physical elements of an offence include conduct (regardless of whether it is an act or omission), such conduct must be voluntary. What Should You Do If You Have Been Charged With A Crime In Singapore, The 4 Key Pillars Of Singapore Criminal Law Before Sentencing Someone In Court, Elements Of Criminal Offence In Singapore, The Purpose Of Writing Letters Of Representations, 7 Stages Of Singapore Criminal Proceedings In Court. Upon the acceptance of your Letter of Representation, the public prosecutor and/or the relevant authorities may: Take notice that parties may still engage in plea bargaining at this juncture. In the event that no arrest warrant was issued by the court for the offence, you may wish to consider filing a Magistrate Complaint or to seek for legal advice to assist you in this matter. Contact Us Any person viewing or receiving information from this Website should not act or refrain from acting, on the basis of any such information without first seeking appropriate legal advice. Marcus Jerome Gordon, 45, a Briton, who is a Singapore permanent resident, admitted to driving with at least 181mg of alcohol per 100ml of blood in his system on Sept 10 last year. Any person viewing or receiving information from this Website should not act or refrain from acting, on the basis of any such information without first seeking appropriate legal advice. Voluntarily causing hurt is a non-arrestable offence.
The Franklin Apartments,
Hotels In Garden City, Utah,
Best Restaurants In Ashland, Va,
Articles D