drink driving

ed · Post by ed » Thu Sep 21, 2006 12:23 pm

i was pulled over for a mid range pca last night...arrrghh...its my 1st offence..any tips to lighten my penalties? anyone here charged with pca and got away with lighter sentences..shall i plead guilty? does the magistrates have the discretion not to suspend my licences and just fine me? or can i get away from from both?i need my car to work...

messy · Post by **messy** » Thu Sep 21, 2006 12:38 pm

Whats a PCA?

im assuming a driving over the limit charge? In wa over the legal limit a magistrate has no discretion in penalty of suspension. It is mandatory. dunno about where your from im assuming the same.

Pleading not guilty with nothing to support your case just makes things hard and pisses people off. You can also incur higher penalties. Best not to piss people off

ed · Post by ed » Thu Sep 21, 2006 12:53 pm

im in nsw

JOeJOe · Post by **JOeJOe** » Thu Sep 21, 2006 12:58 pm

Plead guilty, coz you obviously are and since it's a first offence they might be leniant.

What did you blow btw?

JOeJOe · Post by **JOeJOe** » Thu Sep 21, 2006 1:09 pm

Another thing .. bad bad, drink driving is bad mmmk.

sublime19 · Post by **sublime19** » Thu Sep 21, 2006 1:29 pm

My friend got caught when he driving like waaay over the limit, he was only travelling 2 streets down but his bad luck..

Anyway, he got charged $1800 and did not loose his license, he just pleaded guilty.

kid_dynamite · Post by **kid_dynamite** » Thu Sep 21, 2006 1:36 pm

Get some proper legal advice, even if it's a single meeting to discuss your options.

Mid range offence in NSW carries an automatic 6-month disqualification, and up to:
- 12 months disqualification
- $2200 fine
- 9 months imprisonment

Provided this is your first dd offence, and your driving record is otherwise clean, you may be able to plead under Section 10 of the Crimes Act (commonly known as a 'Section 10' for obvious reasons

). This is where you may be found guilty, but the charge is dismissed and no conviction recorded. As such no disqualification and fine can be levied.

Should be right however.

//edit: just read you need the car for work. That is also possibly a mitigating factor the magistrate would consider.

AJCFTO06 · Post by **AJCFTO06** » Thu Sep 21, 2006 1:37 pm

unfortunate ive been pulled over 2 times for RBT in last 3 nights.. weird time

Post by **BorepYano** » Thu Sep 21, 2006 1:44 pm

i'm from qld, so not sure how much of this is useful, but here's what i know about qld.

if u need the car for work, u can probably go on the good behavior thing (where u have 1 point for a yr instead of losing your license for 3 months), dont know if u can do that for drink driving (what the hell is a PCA?)

but i'm sure if u can prove that u desperately need it for work, u can get a work licence at least, which means 1point and u can only drive during certain hours (this is really harsh, and i'm yet to know anyone that had to resort to this yet)

and just Plead guilty if u r (i think if u apply for a work licence u'll need a court hearing anyway, but...), otherwise u'll piss ppl off and more $$ for court anyway.

ed · Post by ed » Thu Sep 21, 2006 3:36 pm

thanks guys pca=prescribed range of alcohol

ed · Post by ed » Thu Sep 21, 2006 3:45 pm

i wasn't speeding...it was RBT hopefully it will be taken to consideration.

Post by **kazbah** » Thu Sep 21, 2006 3:47 pm

Even better advice, dont drink and drive! Sorry no sympathy from me.

Post by **BorepYano** » Thu Sep 21, 2006 5:14 pm

well if its RBT... then i dont think they will look lightly at it

work licence for you it is then

ed · Post by ed » Thu Sep 21, 2006 5:57 pm

kazbah wrote:Even better advice, dont drink and drive! Sorry no sympathy from me.

not asking for one...

jonowong · Post by **jonowong** » Thu Sep 21, 2006 6:09 pm

are you a uni student because at UTS you can get free legal advice if your a student

mrx · Post by **mrx** » Thu Sep 21, 2006 6:43 pm

I have said this before, but (in SA anyhow) if you are over 0.15 (high range) and you injure someone in an accident, then the entire cost of the claim will be recovered from you once it is finalised.

Not nice to send a 21 year old a bill for $230k, but you shouldn't be so stupid.

Especially those that say "I was only going 5 minutes". Well in that case, dont be f%#king stupid, and/or a tight arse, and get a taxi!

Anyhow, plead guilty. There is no real defence if they have a BAC. Other options have been outlined already.

Rocco · Post by **Rocco** » Thu Sep 21, 2006 8:49 pm

One word..wait for it...idiot.

Post by **I8A4RE** » Thu Sep 21, 2006 9:38 pm

Guys ive said this before and ill say it again ppl make mistakes im not condonning what he did but im sure (if he aint a fu&*en idiot) that he has learnt his lesson. JUST DONT FU^&EN DO IT AGAIN. I take it u dont have your letter to appear in court yet?

1) definitly plead guilty thats a no brainer you vs a cop u will lose evry time

2)Representation does help but only if u got a good lawyer (good lawyer=$$$)

3) Because your in mid braket u may not beable to get work license (not sure about nsw)

4) when u go to court take a couple of letters stating how much of a model citizen u r and something like this is totally out of character. If you no any one famous your high up in any indusrty the better

5) take a letter from your employer stating u need your license for work

i hope this helps

ed · Post by ed » Thu Sep 21, 2006 11:57 pm

thanks for the advice...lesson learned...i admit i'm an idiot...stupid!!
may i served as an example ( bad one..) to others...not worth it!

Post by **BorepYano** » Fri Sep 22, 2006 12:42 am

ed wrote:thanks for the advice...lesson learned...i admit i'm an idiot...stupid!!
may i served as an example ( bad one..) to others...not worth it!

meh, we live and we learn

i've done it a couple of times anyway, but i'm "justifying" it by the fact that it was literally 500m up the road

still bad though