Red P Plater caught drink driving

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

Moderators: Victorian Lawyer, Edward80

Red P Plater caught drink driving

Postby Snorlhax » September 10th, 2012, 6:22 pm

Hey there, I was caught drink driving with the BAC of 0.125, so mid range, I wasn't displaying P plates and my license was suspended immediately, so what I'm wondering is how big should I expect the fine to be, how long should I loose my license for and will any gaol terms be in the question?
Also should I represent myself in court next month or would it be worth getting a lawyer?

Thanks, Isaac.
Snorlhax
 
Posts: 3
Joined: September 10th, 2012, 6:19 pm

Re: Red P Plater caught drink driving

Postby Beth » September 11th, 2012, 9:27 am

Hi Isaac,

Before answering, can you please confirm that you were charged in NSW?
Beth Morrisroe | Criminal Lawyer | Armstrong Legal
http://www.armstronglegal.com.au/web/pa ... c_law_home

T (02) 9261 4555
Level 5/127 York Street Sydney, NSW 2000
Beth
 
Posts: 16
Joined: August 27th, 2012, 2:27 pm

Re: Red P Plater caught drink driving

Postby Snorlhax » September 11th, 2012, 11:41 am

Hello beth, yes I was charged in Newcastle NSW
Snorlhax
 
Posts: 3
Joined: September 10th, 2012, 6:19 pm

Re: Red P Plater caught drink driving

Postby Beth » September 11th, 2012, 1:35 pm

Thanks for confirming that Isaac.

The maximum penalty for first offence of mid range drink driving (for any type of licence holder) is a fine of $2200, imprisonment for 9 months or both. This is coupled with an automatic licence disqualification period of 12 months. This disqualification period may be reduced to six months, but six months is the minimum.

Imprisonment is not entirely out of the question, but it would be very unlikely. If the Court thought that a conviction, fine and disqualification was inadequate, they may also sentence you to community service.

I certainly think that it would be a wise decision to have a lawyer represent you in Court.

If you would like to discuss further, please feel free to call me on (02) 9261 4555.
Beth Morrisroe | Criminal Lawyer | Armstrong Legal
http://www.armstronglegal.com.au/web/pa ... c_law_home

T (02) 9261 4555
Level 5/127 York Street Sydney, NSW 2000
Beth
 
Posts: 16
Joined: August 27th, 2012, 2:27 pm

Re: Red P Plater caught drink driving

Postby Snorlhax » September 11th, 2012, 5:43 pm

Thanks for the reply Beth, I was on the phone to you before, but I have a few more questions haha.
To get an attorney in court it was going to cost about $1500 all together right?
Well if this is the case, is there a good chance that the sentence could be reduced to 6 months as well as the fine being reduced significantly, regardless of whether I need to go to the alcohol training school or do community service.
What I'm trying to say is if I can get off with 6 months of my license being suspended as well as attending the school or doing community service and the fine being reduced then I think this is the way I would like to go about it, I know there's not much information to work with in this situation, but any recommendations would be greatly appreciated.

Cheers, Isaac
Snorlhax
 
Posts: 3
Joined: September 10th, 2012, 6:19 pm


Return to Open Forum

Who is online

Registered users: AaronHiz, Joesphshout