adivice

Discuss low, medium and high range drink driving penalties, laws, charges and fines.

Moderators: Victorian Lawyer, Edward80

adivice

Postby stuffedup » May 21st, 2013, 9:59 am

On the ninth of march this year I made a great error of judgment and caused a accident. I was at a barbecue and not meaning to stay long consumed several home brews not realising the strength of them. Only having several and then having a feed I thought that I was right to drive to a prior engagement[ big mistake]. on the way to where I was going I caused a accident which cant remember happening . For some reason I came around a corner to wide[I drive this road regularly and for the life of me I don't know why I was on the wrong side] and have clipped another car. The lady driving the other car was not hurt a little bruised but ok taken to hospital for obs. My self is another story fairly serious damage not back at work for a little while yet. Both cars were written off not good. I have had a blood test and it has come back positive .102 and a neg driving charge I presume will be forthcoming. I have a fairly good driving record dui once twenty plus years ago and acouple of speeding fines.
I live in the country and need my licence to get to work and occasionally for work. I really regret my actions that day but it has happened and the other person was not hurt which is my main concern but any advice that can be given would be taken and appreciated very much thank you. If it helps I am in northen new south wales.
stuffedup
 
Posts: 2
Joined: May 21st, 2013, 9:35 am

Re: adivice

Postby Amanda » May 24th, 2013, 10:33 am

Hi,

In terms of negligent driving - an incident that does not result in grievous bodily harm or death carries a maximum fine of $1,100. There is no automatic disqualification period, though the Court may choose to impose one for up to 12 months.

To prove negligence, the circumstances of the offence are considered - for example, traffic, road and weather conditions.

In relation to the blood test, a reading of .102 will fall into the Mid-Range PCA category. The Police may also choose to charge you with Driving Under the Influence as an accident occurred as a result of your driving. Both of these charges incur an automatic disqualification period of 12 months, which can be reduced to 6 months but no further. The penalty imposed would depend on a number of factors, such as your age, traffic record, and character. The seriousness of the offence is indicated by the fact that the Court could impose a period of imprisonment of up to 9 months.

I would be more than happy to speak to you about your individual circumstances if you would like to give me a call on (02) 9261 4555.
Amanda Tsang | Criminal Lawyer | Armstrong Legal
http://www.armstronglegal.com.au/traffic-law/

T (02) 9261 4555
Level 35, 201 Elizabeth Street, Sydney NSW 2000
Amanda
 
Posts: 23
Joined: May 3rd, 2013, 10:10 am

Re: adivice

Postby stuffedup » May 25th, 2013, 8:17 am

Thank u very much for your reply going to speak to a solicitor this morning I suppose a section 10 would be to much to ask for plus they don't do work permits to drive do they as need one for work thank u might ring later.
stuffedup
 
Posts: 2
Joined: May 21st, 2013, 9:35 am


Return to Open Forum

Who is online

Registered users: AlexFled, Austinmix, Ronaldlect