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QLD Drink Driving first offence

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GoodGirlfriend View Drop Down
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  Quote GoodGirlfriend Quote  Post ReplyReply Direct Link To This Post Topic: QLD Drink Driving first offence
    Posted: 11/June/2012 at 18:15
Hi everyone,

I will explain the situation before I ask any questions.

My boyfriend was 'done' for drink driving two weeks ago. After a big night him and some friends thought it would be fun to drive their golf buggy around the front of their house (it is a VERY small town and a little street). Well the cops pulled him over and arrested him and took him into the larger town. There he blew a ready of .16 (disgusting I know). and as you would know he instantly got his license suspended and has to go to court in 2-3 weeks time.

This is his first offense of drink driving as we are both (usually) strongly against it as it is so stupid and reckless. Apart from this he has only has one speeding fine (3 points) over a year ago and apart from that he is clean.

Been a golf buggy and just out the front of his house I hope not too much damage will be done as we are both 20 trying to cope with uni and work. He is still on his green p's

With all this in mind my questions are:

1: Is jail time a possibility?

2: What are the penalties usually for this kind of situation?

3: Is seeking legal advice necessary (would it impact the harshness of his punishment)?

Thank you for all that help me! Hopefully this is a wake up call for him and it never happens again!

GoodGirlfriend View Drop Down
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  Quote GoodGirlfriend Quote  Post ReplyReply Direct Link To This Post Posted: 11/June/2012 at 18:16
Sorry, he was 'done' two days (not weeks) ago!

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 11/June/2012 at 18:29
Yes a foolish exercise, but I'm sure he knows that.

1. No

2, A fine and license suspension for a period of time.

3. A solicitor may be able to mitigate the penalty, but the court have a mandated range of penalties and there is not much room to move.

There are differences State to State so if you can tell us where this happened we may be able to better reply.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

GoodGirlfriend View Drop Down
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  Quote GoodGirlfriend Quote  Post ReplyReply Direct Link To This Post Posted: 11/June/2012 at 18:42
It happened in QLD.

Thank god for no jail time! I've been doing some research but the best i can find is 16 months suspension and a $1400 fine ( That is in VIC) Would you happen to know if thier is much of a difference between VIC and QLD?

Thanks for your help

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 11/June/2012 at 19:13
Take a look at this site.

Suggest to him that he consider undertaking the Under the Limit program, now, so he will learn something and help mitigate the sentence.

With that reading he will not qualify for a work licence, so if his work requires him to drive he better start looking for a new job. If not he better buy a push bike to get to work, or become conversant with the bus timetable.

He may be required to install an Alco Lock in his car before he can get his licence back once the suspension is served, for some information on this see this site. The alco lock will cost him a couple of thousand, so he better start saving for that.

There is some further information on this site however with that high range he will be without a licence for at least six months possibly up to 12 months, he will be at least $1000 poorer, possibly $2000.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 11/June/2012 at 19:31
Was he actually on the road at all? Or only on your lawn? If it's the later - and the police never saw him on a public road, I don't believe the charge will stick and you should engage a solicitor to fight it - in fact a solicitor in any case should help.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

shoeverine View Drop Down
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  Quote shoeverine Quote  Post ReplyReply Direct Link To This Post Posted: 11/June/2012 at 20:00
Originally posted by AsiaOilDude

and the police never saw him on a public road, I don't believe the charge will stick


The technical term is a 'road related area'. This is given a very broad definition. Dont jump to any comclusions based on this advice.

GoodGirlfriend View Drop Down
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  Quote GoodGirlfriend Quote  Post ReplyReply Direct Link To This Post Posted: 12/June/2012 at 11:24
Hi all,

Thank you for all this advice, the next 6 - 12 months is going to be a struggle and it helps having some idea of what is to come. Yes was on the road outside his house. Looking into legal advice this week just to possibly lower the fine and perhaps get out of getting an Alcho lock as he was not driving a car. Either way i think he has mentally prepared and accepted these punishments and is feeling pretty regretful of the whole thing.

Thanks again for any input and advice and thank you for no judgement!

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 12/June/2012 at 13:41
Originally posted by GoodGirlfriend

Thanks again for any input and advice and thank you for no judgement!

We all make mistakes, the important thing is to learn from them, wish him all the best and suggest he get started on that under the limit course.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

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