by scragins  24/01/2019  71 Page Views
1 Comments  Criminal law, traffic matters, DUI, assault, theft, fraud
Hi there, I'm a 27 year old male currently living in NSW, right on the border of NSW and VIC.

I'm unable to transfer my license from NSW to Vic, which is stopping me from moving there. I think I'm required to attend a 2 day rehab course in Vic, and this is what I'd like to bypass. I haven't touched drugs since the incident and I rarely drink alcohol, so being lectured by someone about it and having them trying to 'teach me' just doesn't feel logical. The cause was from 8 or so years ago when I was a dumbass teenager, and the only offense to my name in these past 8 years is a single speeding ticket (which was not done on purpose, the road dropped from a 100 km zone to a 50km zone and I was over the limit a few meters past the 50km sign. My fault, I let my truck roll in neutral letting it slowly drop to conserve fuel and brake pads).

I'm a professional driver (truck driver, mostly long distance) and have been doing this for the past 3~ years. Currently employed full time. My criminal record is blank. I rarely drink alcohol, I don't smoke cigarettes and I don't do any drugs apart from restavit (sleep aid for shift workers, taken when I sleep in the truck).

What would my chances be if I asked the magistrate to place me on something along the lines of an undertaking of good behavior? If he were to consider the age of the offense, my behavior during the past 8 to 9 years, my current demeanor, my career requirements and long term employment status? I'm not a hoon, I don't cause trouble, I don't even go out to night clubs and what not.

Cause: When I was 19 I was done for drug-driving in Victoria, testing positive for marijuana on a saliva tab. 6am on a Saturday morning I was on my way to go fishing by myself, with rods and worms next to me. 2 police set up a check point on a random street on my route and pulled me in. The police noticed the fishing gear and asked where I was going and were friendly. They pulled out the swab and I tested positive. Then I was asked to accompany them to the station for further testing. I hesitated, as I already knew I had just lost my license. It was futile, at the time I was a casual smoker and didn't really get 'high' from it, kind of like a cigarette smoker doesn't get a head rush after he smokes regularly. Not making any excuse, even though I didn't feel affected I still knew it would be positive so I simply told them I smoked some marijuana in the past 2 hours, and said there was no point in wasting half of our day. I basically pleaded guilty on the spot and forfeited my license. They asked me if I understood I'd get a fine and lose my license, I said yes. I grabbed the 2 punnets of worms and my fishing rod and walked off.

Now the town I was in at the was Wodonga, it's on the murray river with Albury in NSW on the other side literally 1km - 2km away. As a result of losing my license in Vic, I lost my job and lost my car as well. After a bit of time I moved 1 km away into NSW and got my license again. I stopped smoking marijuana and pulled myself together. Moved my way up classes of license into Heavy Vehicle, and I've been in Albury ever since. There are good work opportunities in Vic so I'm thinking of moving.