3rd Drink Driving Charge

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3rd Drink Driving Charge

Postby Jacqui » September 8th, 2011, 8:57 pm

I have had two previous drink driving convictions within an approximate 2 year period. My readings were 0.08 and 0.96. On the second occasion I had an interlock device fitted on my car for six months. This period was extended for three months because I was really stupid and after a big night, knowing that I metabolise alcohol slowly I would wait a while then use the device to check if I was .00 - sometimes with no intention of driving the vehicle. I did this a few times and mucked up everything when I had to go back to court. I was finally due to get my full licence. I had received the letter in the mail saying so but the letters are sent it in advance of the actual full licence date and I didn't read that part. Approximately I week before I was due to get my full licence I was unexpectedly asked to drop a friend off at a restaurant close to home. I had had one beer earlier in the night and because I thought I had a full licence and time had past, I thought I would be okay. I was pulled over and charged as my reading was not .00. My reading was 0.02. Everyone says I will go to gaol. What is going to happen to me.
Jacqui
 
Posts: 2
Joined: September 8th, 2011, 8:37 pm

Re: 3rd Drink Driving Charge

Postby Victorian Lawyer » September 9th, 2011, 10:01 am

It is hard to tell what State you are from. If you are from Victoria then I would say that what you are detailing is not going to get you put in prison. What you have done is what we say is "honest but not reasonable". That is not meant rudely it is just that people make honest mistakes which, when you look at the circumstances (like not reading the letter) are not reasonable. The laws relating to drink driving are overly complicated unfortunately. Good luck with your matter. I suggest you print out what you have typed out and give it to your lawyer. It is a very good summary of how you have ended up in the position you are end. Go see your lawyer well before Court and make sure she or he understands your case properly.
Bill Doogue | Criminal Lawyer | Doogue & O'Brien
http://www.drink-driving-lawyers.com.au
T (03) 9670 5121
Level 5, 221 Queen St Melbourne 3000
Victorian Lawyer
 
Posts: 22
Joined: September 1st, 2011, 11:31 am

Re: 3rd Drink Driving Charge

Postby NSW lawyer » September 9th, 2011, 10:11 am

If you are in NSW the offence would be special range pca. This offence carries a maximum penalty of a fine only. The maximum fine is $2200. The minimum disqualification period is 6 months and the automatic period is 12 months. If you live in NSW, where you also charged with driving while disqualified or driving while suspended?
Andrew Tiedt | Criminal Lawyer | Armstrong Legal
http://www.armstronglegal.com.au/web/page/Traffic_law_home

T (02) 9261 4555
Level 5/127 York Street Sydney, NSW 2000
NSW lawyer
 
Posts: 18
Joined: August 24th, 2011, 11:35 am

Re: 3rd Drink Driving Charge

Postby Jacqui » September 12th, 2011, 9:54 pm

I live in Victoria. Thanks for the advice.
Jacqui
 
Posts: 2
Joined: September 8th, 2011, 8:37 pm


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