Drink driving in an emergency

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

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Drink driving in an emergency

Postby Kim » September 8th, 2011, 8:33 pm

I was breathalysed at around 2 am last Wednesday on my way home from a late night medical clinic with my 4yo who had croup. My reading was 0.09. The police wouldn't believe my child was sick and because the Clinic was closed I have no proof of my attendance. The police said I should have rung an ambulance but I had left my mobile at work and I was frantic. Will I lose my licence? I need my licence as I work shift work. This is the first time I have ever been in trouble with the law.
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Joined: September 8th, 2011, 8:19 pm

Re: Drink driving in an emergency

Postby Victorian Lawyer » September 9th, 2011, 10:03 am

You might have a defence of necessity in Victoria. But on a plea of guilty you would have to lose your licence for 9 months minimum on first offence.
Bill Doogue | Criminal Lawyer | Doogue & O'Brien
T (03) 9670 5121
Level 5, 221 Queen St Melbourne 3000
Victorian Lawyer
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Re: Drink driving in an emergency

Postby QLD Lawyer » September 9th, 2011, 5:49 pm

There is a defence of emergency in Qld but it would depend upon a number of things, including the health of your child.

If your offence occurred in Qld you may be able to apply for a work licence. There are a number of factors that affect your eligibility.

I strongly recommend you seek specific legal advice from a solicitor.
QLD Lawyer
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Joined: September 7th, 2011, 3:19 pm

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