Anyone a criminal defense lawyer?

[Maseface]

Just curious if anyone is a criminal defense lawyer on here?
Need some advice :S

 

[Tempest404]

I don't know of anyone on here but I did study a little at uni. And my mates qualified... Though he pretty Jewish with his time perse

 

[montysrainbow]

im not but ive watched enough cop shows to know all about it lol whats up?

 

[thomasssss]

im not but ive watched enough cop shows to know all about it lol whats up?

who needs qualifications when you have tv all the knowledge you need right there

 

[Maseface]

Ok, heres the run down.
I blew .106 BAC the other day, thats mid-range, lost license on the spot.
Its my first offence, i haven't even had a parking ticket before.
I honestly felt sober, i only had 3 schooners. But the fact is, this was around 4pm and all i had eaten was 2 wheetbix that morning, im also quite a small build.
we started drinking around 1:30, and stopped at like 3:30, i gave myself an extra hour. I thought that'd be plenty. Apparently not.
If i lose my license, i lost my job. My girlfriend also wont be able to pay the 670 a fortnight rent by herself, so we'd lose the lease.
I'd literally have nowhere to go.
I have a court date on the 22nd to appeal the suspension, and HOPEFULLY just get a bond or somthing, probably do a traffic offender course also.
The only penalty i really need to avoid is the suspension, a fine, bond or anything else im fine with. The suspension is really gunna tear stuff up though.
I just need some advice, maybe off anyone whose been in a similar situation or preferably a aussiepythons criminal defense lawyer haha.

Theres no point in judging me, i know i messed up. You saying it again makes no difference whatsoever.

 

[MrFireStorm]

I'm no lawyer but have you enquired about a restricted licence (or equivalent) for work purposes??

I had 1 many many moons ago, which allowed me to drive from my residence to work and back again. I was also a courier driver, so it allowed me to drive a company vehicle.

 

[saintanger]

fight it, its your first driving offence and for mid range alcohol level you should not lose your license. are you a P plater or fully licensed?

good luck

 

[Rogue5861]

Not sure mate but maybe you could opt for an interlock system in your car, no drinking an driving at all and can only drive that vehicle (could possible get 2 systems in work and person vehicle but they do have calibration fees) Being first offence could sway this in your favour, hopefully someone educated can enlighten us on it but if not call a lawyer on monday and see if they can help.

Even a court appointed laywer may be able to help, may be able to move up the date on your court day so you can get back to work.


Rick

 

[Rowie]

What is your job?
And what state are you in?
In QLD, if you just need your license to go to and from work they might be able to offer you a work suspension or something. Means you still keep your license but the fine is doubled and so is the time you're on suspension, BUT you can drive your car along a set route to and from work. Immediate loss of license for double the period though if you're caught driving outside that route or get any other traffic offense during the time period.
If you need your car for travel over a large area, such as if you're a sales rep etc, you might also be eligible for a special hardship order if you can prove that losing your license will result in extreme hardship to your or your family by depriving you of the means of earning a living.

 

[sd1981]

Appeal it (the suspension) based on the grounds of requiring a licence for grounds of employment. Admit your mistake via statement tendered to the court and if you were on any medication at the time of incident, that helps as meds and alcohol can effect your BAC.If you have held a licence for more than 10 years with no prior convictions in a similar situation, you can apply to get a section 10- no conviction recorded, and placed on a conditional licence ( means that you must not incur a single demerit point for a term set out by the presiding magistrate - usually 12 months ). If you breach those terms, the original penalty may apply or even be extended. You will end up paying a monetary fine either way... I am not a solicitor, however my best mate was in a higher range DUI category and faced court 6 weeks ago and did the aforementioned, and is still allowed to drive. He is on a tight leash though....

 

[TheChondroCharm]

Pm me if you want. I've had a lot of licence issues and done a lot of digging to find loopholes. Only know qld law though.

 

[Maseface]

Im in NSW, and im a boilermaker for Westrac. I do 5 10hour shifts a week.
I travel about 400kms a week.
Im have my full lisence.
As for an interlock i don't really think they'd impose that for a single offense, especially one that wasn't high range,

What is your job?
And what state are you in?
In QLD, if you just need your license to go to and from work they might be able to offer you a work suspension or something. Means you still keep your license but the fine is doubled and so is the time you're on suspension, BUT you can drive your car along a set route to and from work. Immediate loss of license for double the period though if you're caught driving outside that route or get any other traffic offense during the time period.
If you need your car for travel over a large area, such as if you're a sales rep etc, you might also be eligible for a special hardship order if you can prove that losing your license will result in extreme hardship to your or your family by depriving you of the means of earning a living.

 

[andynic07]

Don't stress mate, I would imagine from my experience (in Queensland) that you would be able to get a work license. In Queensland if you get a letter from your boss saying that you need your license for work or that you without your license there is no public transport options and the judge can not put you in a position of financial difficulty.

 

[montysrainbow]

Happened to someone I know and they were able to get a work license, try not to stress too much I'm sure u will be able to do the same.

 

[Pizzalover]

go alone

look heres some advice from a noob, I lost my licence for sppeding, and unfortunately was unregistered, ok not DUI. Heres the oil on it, if you pay lawyer your out of pocket straight up, when your represented the judge sees you as a well healed punter (lawyer representing you ) . BOOM he hits you regardless, go it alone, you go to a smaller court room where the judge will be a little more privy to you standing up there stating your case, get the poor kids from the neighbour hood to be with you crying etc (jokes) but seriously ive seen it done, I pleaded my case although I could of lost my licence for 3 months I was given a $100 fine, didn't lose it either. just tell them you had an error in judgement when you drank more than you thought was legal, you hadn't eaten etc which made you appear over, you need your licence etc state why. Tell them your struggling with finances and are trying to keep out of bankruptcy, its almost like your about to die, lol you need to have an academy award display going on there my friend. dress nicely too don't look like a bum

 

[Pollycarl]

Hi. I am a criminal defence lawyer and have been for 15 years. Not good news unfortunately. You will lose your licence for at least 6 months (the minimum period for mid range drink driving) the maximum period is 12 months. That's for a first offence. You will probably also be fined and or be placed on a bond. The chances of getting a section 10 (no conviction so no disqualification) are pretty slim for a midrange .106 but no harm in asking. The appeal you have on the 22nd sounds like it is just an appeal against the on the spot suspension the cops issued you with. The court will not deal with the drink driving charge on that date. You run the risk of getting your licence back on the 22nd (I think its highly unlikely the court will grant the appeal) only to lose it again when the matter is finally dealt with. There is no such thing as a work licence (trust me it does not exist). Go see legal aid they can give you free legal advice. Of course I have to say that this advice is general only and I don't know all your circumstances so you really get some proper legal advice to discuss your exact situation.

 

[andynic07]

Hi. I am a criminal defence lawyer and have been for 15 years. Not good news unfortunately. You will lose your licence for at least 6 months (the minimum period for mid range drink driving) the maximum period is 12 months. That's for a first offence. You will probably also be fined and or be placed on a bond. The chances of getting a section 10 (no conviction so no disqualification) are pretty slim for a midrange .106 but no harm in asking. The appeal you have on the 22nd sounds like it is just an appeal against the on the spot suspension the cops issued you with. The court will not deal with the drink driving charge on that date. You run the risk of getting your licence back on the 22nd (I think its highly unlikely the court will grant the appeal) only to lose it again when the matter is finally dealt with. There is no such thing as a work licence (trust me it does not exist). Go see legal aid they can give you free legal advice. Of course I have to say that this advice is general only and I don't know all your circumstances so you really get some proper legal advice to discuss your exact situation.

My father-in-law was able to drive between nominated hours of the day for work purposes only , this was in Queensland. I am not sure what it is called it but this is the arrangement that I refered to as a "work license" and I am not even sure that this is available as it was around 12 months ago. I am pretty sure that legal aid is not available for DUI offences in Queensland either, this is drawn from my own experience many years ago (approx 15) and it was a reading of .176 which in Queensland is a criminal offence and this may have been the reason that legal aid was not made available to me.

 

[B-Bear]

I've never gone for over limit myself but have friends whop have. I live in SA so not sure how much of this first bit will apply to you.
Here we have the option to get a second reading done by a doctor of our choice as long as it's done within 24 hours. Now some may think it a little extreme being given 24 hrs but Mr/Mrs/Ms Judge takes into consideration if you've taken an overly long time and all they really let slip is reasonable time for the defendant to get to any Doctor. The cops even give you a little showbag to assist in this happening.
Next pieces of advice goes for all states.
(1)It is law that when questioned/pulled over by the police all you have to state is "your name" and "your address". Many convictions are at least made easier, if not made possible by people not knowing or forgetting this. This canb be a tatic not for the faint hearted since being a hard with this may see you playing sleep out for the night or till the next working day. After saying this it will save days inside later and make life far easier for your legal representation to the point of saving your butt later. In court the cops will try to scare you for you exercising your RIGHTS by saying nasty things like "the defendant was extremely unco-operative upon questioning". Fortunately this accounts for nothing to the Judge.
(2)You must also follow ALL "lawful" directions of the officer which in this case (and all motor vehicle cases) is to present your drivers licence and participate in any test that you are "healthy" for (it's too late for you sorry buddy but others may want to look at these reasons and have a Dr. confirm these but you would basically need to have emphasema (sp?????), heamophilia and bladder problems to avoid all their tests).
(3)Good lawyers are like fast cars, the more you spend the faster/better they are (for want of a better metaphor). If you are willing to stay in debt for the next couple of years and sign over your first born to the Devil (for a basic type of charge, bigger the charge and you'll stay in debt for a bit longer and sign over a couple more of your kids) you can almost get away with murder (especially if all you state is name and address).
(4)Times are hard for everyone now, even legal representation, so you can usually take it with a grain of salt when you hear on radio etc. that this firm or that firm "specialises" in any particular area of law, especially when it comes to criminal law of which drink driving is covered. There are the exceptions ie- injury claims and business law but as stated before criminal lawyers are happy and capable to defend all us baddies.
(5)If I had access to an amount of money that could end up being as much as $30,000-$40,000 my first call would be to a Q.C's office for about a $200 phone call. For this call you should get directed to extremely competent legal representation. Now don't faint when this next person ends up asking for $10,000 straight up which will be put in a trustee account of which they (legal representation) can access when needed.
These last 5 points apply to anyone in legal strup so if your that way inclined make sure you know the rules before you play the game.
Maseface, good luck and maybe instead of wasting it up next time save up for that next snake/lizard you want!!!
PS- I think now is a good time to recite a couple of lines of a song (Rolling Stones:Sympathy for the Devil)
-every cop is a criminal
and all the sinners saints

 

[dangles]

My brother in law got a suspended sentence for hist first offence of mid range. Similar circumstances to yourself ate nothing had a couple, then left for work a couple of hours later. He got done a second time 4 months later and received 6months disqualification. Tell it as it is, also state that from this incident even if you have 1 drink you wont get behind the wheel in future as you have seen how easy it is to be over. Good luck with it alll

 

[Luvbuz]

If you blew .106 after only drinking three schooners over a three hour period then you have miscalculated the number of beers you drank. A standard drink (375ml schooner of mid strength beer) will load you up with approx .02%. The body metabolises alcohol at a rate of about .02% per hour. Therefore if you had three standard drinks in three hours your BAC should be close to .02% or lower. If you blew .106% after three hours your standard drink intake was more like 8 or 9 schooners. Not eating more than a few weet-bix has nothing to do with the final reading, as food merely slows alcohol absorption, it doesn't increase it. Being a smaller build also means the alcohol is absorbed more quickly giving a higher reading faster, but it doesn't alter the fact that .106 is NOT 3 schooners!!! I'd be talking to a drink drive lawyer because if you try and tell the magistrate you only had three beers and had a final reading of .106%, they all use the same calculations I just provided and will KNOW you have had more drinks than you're saying and will call you a liar and have no sympathy to your cause. How do I know? Been there before and seen it first hand!!!!