Joined: 09/April/2006
Location: Australia
Posts: 12
QuoteReplyTopic: DUI 1st time penalties? Posted: 09/April/2006 at 11:57
Hi, the other night I got done for DUI at 0.116%. According to this website the penalty for that is as a Minor offence and I can lose my license for 1 - 12 months and be fined anywhere from a couple of hundred dollars to a couple of thousand. That is pretty broad in the penatly, does anyone know more specificly what the penalty might be? This is my first offence and only ever had a couple of minor speeding fines. Will the court take those into consideration? Any help would be great, because until I can get to a solicitor I am freaking out. Also after my license suspension is up do return to an open license or P plates or Learner license? If it's P plates, how lone for? Thanks
I just got done for a DUI my first as well. I feel like the biggest idiot and have been searching so many websites to see what will happen. I like you have been freaking out about it. From what most I read is that if you can get some references, someone there to support and show alot of remorse the magistrate will take that into consideration as well as being a first time offender. The last thing I was is a conviction and will be asking that one not be put against me. I am hoping I don't lose my license for too long but what I have been reading that are pretty strict when it comes to DUI. I hope that it works out for you.
Thats's a really good idea to get some reference etc. I dont really mind loosing my license or even pating the fine. I am most scared because I am a part-time school teacher and kids look up to me. I also do not want to lose the respect of my students parents. I will certainly be asking that no conviction is put against me.
Yeah, the thing that has been running through my head is I am the one person that when I read in the paper about drink drivers or hear it on the news, I yell at the TV that they are bloody idiots. I am the one who is a bloody idiot. Funny just last week in the news about the girl who sniffed buitane and hit a whole heap of people killing a little girl is wanting her licence back. I was very against her and think she doesn't deserve to get her licence back. I now think I could be that girl, I could of hit so many people or had a terrible accident in which I could have killed someone. Even I am starting to think I don't deserve much from the court. I can't stop thinking about how stupid I was and that someone could of been badly hurt or even killed if I hit them. To be honest I don't even know why I decided to get into the car I just felt I had to drive somewhere.
Yeah I know exactley what you mean! I feel soo stupid! I only drove a couple of hundred meters which was good for me because I pulled out right in front of the cop, but had I have driven furthur who knows what may have happened. At first I only intended to move my car to where it wouldn't get a ticket in the morning. My worst decision was even walking towards my car to move it when everyone else was catching a taxi back to someones house, i should have just gone with them and risked a parking fine, it would have been a lot easier to deal with.
Mine too, may 2nd. I have heard where I live there is oone magistrate who is very understanding and never usually gives out harsh penalties and then there are 2 that are very tough.
yeah i have no idea on what the magistrates are like where i am, i am calling a few solicitors this afternoon to try and get a better idea of what to do and what to expect.
yeah no worries, it was 0.148 really bad, just under the major offence so shocking, i honestly didn't think that it was that high, Still so stupid to even drink anything while on them or at all.
Wow you were very lucky to get away with being still in the minor offence level! I felt exactley the same, I was sure that I was fine. And I have even had the same amount of drinks at the pub before and blown on a breath tester in the pub and it has shown .04 I just really thought I was fine but obviously not. (or the oub breather testers are horribly inacurate, which if that is the case they shouldn't be there, they should at least be able to be used as a guideline.)
To get better idea I suggest you give a solicitor a call. I just spoke to one firm, he said that you are better to get represented, they charge $770.00 as one figure so if you have to go once, twice or three times it is one amount. Because I am at the further end of the scale I am probably looking at disqualification of 9 months the closer you are to 0.05 the less disqualification apparently. Fine could be around $1200.00 but if the disqualification is less time the fine could be more around $1500.00. Also lots of references from friends, work colleagues vouching for your character and that it not like you to do things like this. Also he said that it also depends on the magistrate as well like you said. I wasn't going to go with representation but I think that I might now I am just so scared.
yeah i'm not sure if I should or not, I mean will it really serve much purpose paying $700 if you are pleading guilty anyway. I know I will not be trying to argue the fact I was drink driving so really there is no need is there? I think I will just do everything I can to make the Judge see that I would never normally do that and it was a very bad decision and I am incredibly remorsful etc etc.
yeah that was what I was thinking, I have just got off the phone to another solicitor and he was really nice, I think the thing is that if they are familiar with the magistrate and the system to try and reduce your disqualification. he was a bit cheaper and made me feel more comfortable rather than totally scare the you know what our of me. i am going to go with one and go and get it over and done with. he said references are very good to have as well. good luck, let me know how you go if you can
the maximum penelties for a mid range PCA are Fine $2200, 9 months imprisonment and a automatic disqualifiication of 12 months and minimum disqualification of 6 months. (assuming it is your first Major offence)
What you are actually given as a penelty depends very much on the circumstances of the offence and your personal circumstances, including your driving record.
The Law Practice is a boutique criminal law firm in Sydney, with extensive experiences in all traffic matters. call Michael Blair on 02 9261 4088.
Thanks for the info. However I'm in queensland, so I will call someone up here. Are those penalties specific to NSW or australia? Also you noted Major offence, I'm under the understanding .116 is a minor offence, is that correct?
count me in on being stupid and drink driving, 0.120. i got done on the16/4 spent the night at mt druit cop shop and my court hearing is on the 9/5. I've never felt soo bad ever, i just moved here from qld and went and had a few drinks to celebrate with mates, but you dont realize how much your over till something like this happens. talk about being freaked out. i spoke to a cop who reckons ill get a massive fine and i wont get locked up but this still dont put me at ease. any information is much appreciated. would legal representation be nescessary. thank you.
Had my appearance on Thursday, 8 months suspension and $1000 fine. He said that he had reduced the suspension to 8 months, so hate the think of what it could of been. I was so scared but having a lawyer definitely helped cause he talks to the prosecutor before it starts and everything. I was the first off the ranks which was good to get over and done with but everyone else waiting heard mine which I was so embarrassed about. It is all behind me now and having learnt a very valuable lesson DON'T DRINK AND DRIVE AT ALL.
Hi, damn! thats pretty harsh! I got a 2month suspension and a $1200 fine. I asked him if I could get a higher money fine and less time as I really am better off with work etc with a car. I was a little shocked that the fine was so high after he said a 2 month suspension. He said he reduced the suspension because I asked and also because of character references, my job and my job prospects.. He also did not record a criminal conviction, phewww! I too have learnt my lesson but I still know people who are being very flippant about it, even after hearing about me and what I got from the court! I am making it a personal mission to make sure none of my friends Drink and Drive because it just is not worth it!
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