Help! Red P Plater blew 0.55 - Am I screwed?

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

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Help! Red P Plater blew 0.55 - Am I screwed?

Postby brett18 » August 31st, 2011, 10:36 am

I am pretty certain my license is gone - I know I stuffed up. Caught last night on old northern road.
I need my license to get to work?
brett18
 
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Joined: August 31st, 2011, 10:31 am

Re: Help! Red P Plater blew 0.55 - Am I screwed?

Postby NSW lawyer » August 31st, 2011, 1:56 pm

I assume that you mean Old Northern Road in Narellan, NSW. If so the court has the following 2 options:

1. Not convict you but deal with your matter under section 10 Crimes (Sentencing Procedure) Act. If this occurs there will be no loss of licence and no fine.
2. Convict you. If they convict you, the minimum loss of licence is 3 months for a first offence within 5 years and 6 months if it is a second or subsequent offence within 5 years. The maximum disqualification is 6 months for a first offence or 12 months for a subsequent offence. Because you are in the low range the court cannot send you to jail or impose a penalty other than a fine. :D

In your case, because you are on your p's and you should have no alcohol in your system while driving it is very unlikely that the court will order a section 10. However in exceptional circumstances they might. I have seen a court grant section 10's for p plate drivers where the alcohol had been consumed the night before and the offender has had a full night sleep and they had no idea that the alcohol would be in their system.

I think you will get a fine of about $400 and have your licence disqualified for 6 months.

If you give me a few more details I will be able to assist you further. Otherwise good luck!
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
 
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