NSW Drink Driving & Traffic Offences

[demyer]

Hello,

Today I was pulled over via an RBT. I blew over, then back at the police station I blew 0.082 (just in mid-range).

The time was 11:50am. My last drink was 11pm the night before (2 bottles of champagne & 1 longneck of beer over 8 hours - 3pm-11pm). I was shocked that I even gave any reading at all. I felt completly fine and not effected by alcohol in any way. I had my wife and baby in the car with me at the time. There is no way I would have even drove my car at all if I thought I was in any way over the limit especially with my family in the car. I have a completly clean record and this is a 1st offence.

Just wondering what I can expect? Chance of trying for a section 10?

[Beth]

Hi demyer,

I would be more than happy to assist you - but just need to confirm, did this happen in NSW?

[demyer]

That's correct Beth.

[Beth]

The penalty that you will receive will depend on a number of factors including your age, traffic record, length of driving history and general character.

I can indicate that the Court will generally not consider a section 10 non conviction order for a mid range PCA matter unless there are special circumstances warranting that leniency.

I would be happy to speak to you over the phone on (02) 9261 4555 about your individual circumstances if you would like.

[demyer]

Thank you for your reply Beth.

I'm 28. I have a clean record, with no issues. I have been driving since I was 18. So ten years. I intend to get references to back up my good character. I'm still shocked. Not having a drink for 12 hours and it's still in my system...?

Not really a special circumstance I guess. I was driving to buy lunch (approx 3km round trip). It's not like I drove thinking I was over the limit but hoping not to get caught. As I said earlier, I felt completely recovered and genuinely ready to drive. There is no way I would have driven if I thought I was over the limit.

[Beth]

Thank you demyer.

References will certainly be needed. You will also need to provide evidence of your need for a licence and/or the impact that a conviction would have upon you (for example if it would impact upon your employment). Your clean traffic record will certainly be in your favour.

In relation to the alcohol remaining in your system, there are a number of variables that could have contributed, including that the champagne or beer had a high alcohol concentration or that your body was not processing it at optimum levels. It may be worth having your liver function tested by your doctor to determine if this may have contributed to the alcohol in your system. Your height and weight will also play a role. The old rule of thumb of two drinks per hour for men is not considered to be in any way accurate anymore.