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high range pca

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spqr1012 View Drop Down
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Joined: 02/June/2017
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  Quote spqr1012 Quote  Post ReplyReply Direct Link To This Post Topic: high range pca
    Posted: 02/June/2017 at 12:42
Hi im not really sure what to say so here goes,
At the end of february i was charged with high range pca and negligent driving in the weeks and months leading to the offence my long term relationgship was breaking down and i had numerous mental health (self harm, depression anxiety, to cap it off i discovered my partner was being unfaithful drank a bottle of vodka and drove the car into a powerpole in a suicide attempt i was taken to the hospital and sectioned since the incident i have broken up with my partner and abstained from alcohol and have been working on my mental health i am seeking legal aid on monday i was wanting to know do i face gaol time or were there extenuating circumstances for perhaps a section 10 my reading was .250

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 02/June/2017 at 18:00
First offence?
How old are you?
You're not likely to go to jail.. You are likely to lose your licence for 12 months or more.

spqr1012 View Drop Down
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  Quote spqr1012 Quote  Post ReplyReply Direct Link To This Post Posted: 02/June/2017 at 20:06
Im 28 and its my first offence

citizen181 View Drop Down
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  Quote citizen181 Quote  Post ReplyReply Direct Link To This Post Posted: 09/June/2017 at 20:07
Buy yourself a good pair of shoes and be thankful you will be around to use them.

I'm not being critical, I was you 40 years ago and today I'm grateful for every one of those 40 years. After you buy the shoes find a good solicitor who can present your case to the court, though the court wont exonerate you it will be a mitigating factor in sentencing.

However sentences are pretty standard in these circumstances and the Drink Drive portion of the offences will still mean a hefty fine and a period without your licence, the Negligent Driving, a somewhat mean spirited charge if you ask me, may be Section 10'd or result in a small fine.

Last step find someone to talk to, if you haven't already, and start walking.

spqr1012 View Drop Down
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  Quote spqr1012 Quote  Post ReplyReply Direct Link To This Post Posted: 14/August/2017 at 12:43
The case was adjourned so i could do the traffic offenders program, is that a good sign im not going to jail my case is on next friday im so scared

citizen181 View Drop Down
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  Quote citizen181 Quote  Post ReplyReply Direct Link To This Post Posted: 14/August/2017 at 15:49
Having the opportunity to go to the Traffic Offenders program is neither good nor bad at this point, how it turns out will be dependent entirely on how you conduct yourself during the sessions and whether you genuinely take it as an opportunity to learn from your mistake.

Having a high rate PCA is still going to attract a hefty fine and a licence suspension, but how hefty and how lengthy will be gauged by the report from the Program and your ability to display to the magistrate that you have reformed and are genuinely repentant for your lapse.

The Negligent driving might, I say might, not be a factor and again may be dealt with through a Section 10. It's long odds on that you aren't going to jail, so stop worrying on that front, unless you have a substantial record you're not disclosing and are a regular offender.

Make sure you have decent well prepared clothes for court, polish up your new shoes and front up early, introduce yourself to the Prosecutor on arrival if you can and try not to panic when in front of the Magistrate. They are just humans with a job to do, be respectful, Your Honor is the correct title by which you address them, answer any questions clearly and truthfully but keep you answers brief and to the point. Most of all just be yourself, it will all be over in a relatively short time.

If you can see the Prosecutor before you're called it may help with the time you have to wait to be called. If they know how you are pleading and that, my assumption, you are not contesting the charges but may wish to speak in your defence, then they can shuffle you in before the difficult cases. If you think you might be too nervous you can write a letter to the court with the things you wish to say and hand it to the Magistrate via the Prosecutor when you are in court.

Good luck, and remember we have outlawed the death penalty.

Edited by citizen181 - 14/August/2017 at 15:52

spqr1012 View Drop Down
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  Quote spqr1012 Quote  Post ReplyReply Direct Link To This Post Posted: 14/August/2017 at 16:28
Thank you, it was a one day traffic program i learnt alot from it and im genuinely regretful of my actions i even think it should be compulsory for everyone. im attending aa once a week amd doing a relapse prevention course both of which i took the initiative as well as a medical certificate stating ive been put on anti depressants ive got legal aid but i would like to read my letter of apology as i really want to show the judge it was a one off im in all honesty i believe that this was a crossroads moment thank you again i can stop googling high range pca

spqr1012 View Drop Down
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  Quote spqr1012 Quote  Post ReplyReply Direct Link To This Post Posted: 17/August/2017 at 12:19
I forgot to mention im on my p's, which mean in other words im stuffed i called a laywer who said im looking at and intesive correction order does this sound right even considering the circumstamces im going absolutely crazy

spqr1012 View Drop Down
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  Quote spqr1012 Quote  Post ReplyReply Direct Link To This Post Posted: 17/August/2017 at 12:22
Or was he scaremongering me into paying him

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 17/August/2017 at 21:27
Originally posted by spqr1012

i called a laywer who said im looking at and intesive correction order does this sound right

Yes, it does sound about right.

spqr1012 View Drop Down
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  Quote spqr1012 Quote  Post ReplyReply Direct Link To This Post Posted: 18/August/2017 at 12:16
Ive got a medical certificate, i am seeing a drug amd alcohol doctor on mknday and hopefully a psychologist before court for a report will these also be considered for a more leniant outcome ive never even in my life been so frightened

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 18/August/2017 at 12:50
Calm down, yes of course those steps you've taken will be considered. Getting off the grog was a major step in the right direction, see AA if you need continued help with that. A talk to lifeline whenever you feel anxious about these things may help also - 13 11 14

Good luck, things may look bleak now, but rest assured, from one whose been there, tomorrow will be better.

spqr1012 View Drop Down
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  Quote spqr1012 Quote  Post ReplyReply Direct Link To This Post Posted: 18/August/2017 at 12:55
Ive never broken the law i feel trapped by this my anxiety is through the roof if i go to jail it will be the end of me id never ever hurt anyone its all i think about about this torture has been with since march im scared the judge will yell at me and make an example out of me ive been googling cases and some of the things ive read about people in the high range getting 6 months jail really scares the hell out of me

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 18/August/2017 at 16:39
You need help, not jail. The judge will see it that way also, I expect any correction order will be designed to help you, not make your situation worse.

spqr1012 View Drop Down
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  Quote spqr1012 Quote  Post ReplyReply Direct Link To This Post Posted: 03/September/2017 at 16:09
The case was adjourned yet again for a presentence report, my legal aid lawyer thinks an s9 or s 12 is most likely, she said my case was one of the more exceptional ones, does the presentence mean the judge wants to jail me

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 03/September/2017 at 16:29
No, just the opposite, the judge is looking for a report so that he can justify not sending you to jail. He needs to have something that shows you shouldn't be sent to jail. If the presentence report agrees with the medical and psychiatric reports he can do that, but he needs to make sure.

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