(ACT) Should I appeal a DUI conviction?
Printed From: AussieLegal
Category: Criminal Law, Traffic Matters
Forum Name: Assault, DUI, Drugs, Fraud, AVOs, Traffic Fines
Printed Date: 23/April/2019 at 04:44
Topic: (ACT) Should I appeal a DUI conviction?
Posted By: Devo!d
Subject: (ACT) Should I appeal a DUI conviction?
Date Posted: 25/December/2014 at 19:42
I was hoping to get some advice/insight as to whether I should appeal my recent DUI conviction and if I have a possibility of succeeding with the case. This is a bit long so please bear with me.
Some background information first. I was convicted of a low-range DUI (0.065) on the 22/12 and given a 6 month license suspension and a 12 month good behavior bond plus fines. I was previously convicted in 2006 of a DUI on a provisional license where I blew 0.02 and given a 4 month loss of license and a $700 fine. I was considered a "repeat offender" and my previous conviction was considered in the judges decision. Both charges occurred in the A.C.T.
I was hoping on the 22nd to plea my case for a non-conviction order but suffered an anxiety attack while I was standing in front of the judge and froze up. My mind went blank and I could barely respond when prompted which caused noticeable frustration to the judge which is why I believe she may have been less lenient in her sentencing.
The reason I am considering an appeal is due to my employment. I work in Critical Care at a local hospital on a 24-hour roster and usually work late or graveyard shifts (regularly finishing at 11pm or 5am). With these shifts I am unable to catch public transport as buses do not run at these times, I cannot rely on workmates, friends or family as they either live on the other side of town or are asleep as they work during normal business hours and taxis are not economical as the cost for a round trip is usually a third of what I earned that day. Without a license I am limited to working 3 shift slots out of 5 meaning my ability to be flexible and on call for emergencies is at the will of the bus schedule.
I also work as a Tour Manager/Techie for a friends band. I am on the road with them for the majority of shows they perform both local and interstate loading gear, setting up drums and amps, selling merchandise and driving duties. We are quite busy and have multiple interstate tours organised in 2015 and have serious plans to tour overseas (mainly Indonesia, Japan and North America). With a criminal conviction I am worried I will not be granted a visa to tour with the band overseas or will not be allowed to drive the band in-between shows thus limiting my usefulness on the road. It is exhausting being on the road, especially if you have just performed and then have to drive 4 hours to get home.
In your opinion do you believe I have a strong enough case to be granted a Section 10? I am more than happy to abide by a GBO (even to have it extended) and attend reform courses but I do have (in my opinion) a real need for a license and a conviction restricts my ability to work overseas until at least 2019. I tried to apply for a probationary license but because I am considered a "repeat offender" I was automatically disqualified from obtaining one by the A.C.T Solicitor.
Thank you for any advice and knowledge you can impart to me.
Posted By: The Judge
Date Posted: 31/December/2014 at 10:30
From my experience as a criminal lawyer, I think it would be very unlikely that a judge on appeal would deal with your matter without a conviction. While you can demonstrate a need for a drivers licence (most people can), your biggest problem is your two previous convictions for the same offence in the last 8 years. I use the word 'unlikely' because individual judges can do unexpected things from time to time.