NSW Drink Driving & Traffic Offences

Hi All.

My 25 year old son has a serious problem with responsibility and alcoholism. He's not a big drinker, infact he rarely drinks. But when he does, he losses all sense of responsibility and becomes an idiotic rebel.

Here is the problem:
Charged 3 yrs ago with DUI 0.185 got 6 month ban and a fine;
Charged 1 year ago with in excess being 0.06, got 9 month ban and a fine (1 or 2 k) not sure, i'm still gathering intell.

Now on Saturday evening 6/2/12 at approximately 10.30 pm, he notices a booze bus and immediately pulls into a driveway. The police come over after 15 to 20 minutes and assist him back to the booze bus where he is charged for DUI. (i don't know what reading he got, there is no paper work yet.) i'd imagine its around 0.105.

Apparently my son returned to the vehicle and waited 10 minutes or so, till the police and booze bus left. Then like an idiot does, tried to drive home. However the police where laying in wait and pulled him over 2 km down the road. They arrested him and he was taken to the station, where he was breathalyzed again and charged. I have that piece of paper and the reading is 0.108.

I have been researching on the internet trying to at least get some bearing on what to expect. I am going to take him to a lawyer and have him admitted for Alcohol counselling and sell his car and so on.

But i am very worried for my boy and any feedback would be greatly appreciated.

Will he be charged for each offence separably or will they be heard together?

Regards Disappointed Dad.

Dear Dave-mof, I am sorry to hear of your disappointment. Given your son's history and this latest incident involving two charges in one night, I would strongly recommend he receive legal advice and representation when he goes to court. It is very likely he will be charged with two separate offences, however, if those charges are filed with the court at the same time by the police, then they will be heard together. One program available through the courts for alcohol counselling is the POP program, which is a diversionary program that occurs before sentencing, where an offender is pleading guilty. It may be worthwhile your son looking into this option as it will look favourable at the time of sentencing as well as being of benefit to him personally. Should you wish to make an appointment with myself or one of our team, please don't hesitate to call.