Anyone a criminal defense lawyer?

[wokka]

If you are a boilermaker working 50 hours a week you could afford a taxi or a bus, maybe car pool or get someone to drive you. The whole idea of the community spending money to police the rules, is to discourage and catch those who are endangering society. Hopefully any hassle and expense will remind you next time.

 

[Umbral]

I got done at .062 a while ago, went to court, put on a bond and got no fine as I had a clean record. I explained that I need my licence as part of the job and the judge was understanding. I think to some degree it comes down to having an understanding judge and presenting your self well, don't go in and cry that it's unfair, go in and admit you did the wrong thing and made a bad judgement call.

 

[Maseface]

they were 3 full strength schooners, nsw a schooner is 425ml.

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!!!!

 

[Maseface]

Thanks for your feedback, I'm just wondering what you mean by this below? If they don't deal with the charge on that date, then when does it occur - would I have to go to court again? I thought it was all said and done on the court date (unless a provision must be met under a Section 10 dismissal, such as completing the Traffic Offence Intervention Program)

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.

 

[Ramsayi]

Over double the legal limit you will be put off the road without a doubt,job or not.

 

[Irbz_27]

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!!!!

I think you're a fair way off the mark there mate, there are many circumstances that can contribute to what you blow. Size of a person and how much has been eaten are two of them... I got done a little while ago and blew .075. I was blind. I'd had 26 bourbons over two and a half hours, and six double bourbons in the 5 hours before that. There isn't an exact rule that says if you drink x amount you will blow .y
There is a rough guideline that really means nothing because of all the additional factors that need to be looked at. The only safe way to guarantee being under is to not drink before driving

To the op, don't like your chances of keeping license mate. These days there are mandatory sentences on a lot driving offenses and the best lawyer in the country can't help you. Couldn't say how long for, but I'd say you'll be spending a bit of time off the road. How long is the question. Exemptions for work, as someone else has said, don't exist. Also as far as legal aid goes, Here in Victoria it isn't available for driving offenses anymore. Don't know about other states. Good luck anyway mate

 

[FAY]

If you have no points lost or fines in 5 years, do you get your licence for half price when you renew it in NSW?
Seeing we are talking about fines etc thought I would ask

 

[cma_369]

If its in nsw i know of 2 people who were able to obtain these licences for work between certain hours.....
Even know of one who has had "Silent p's" i think he called it, instead of a 3 month suspension.
If you incur any demerit points in that time, you instantly lost your licence for 6, or 12 months.

Don't know if you can qualify for these as they wern't done for drink driving offences, however i am pretty sure a mid range reading doesn't seem promising (first offence, or not).....

 

[cma_369]

If you have no points lost or fines in 5 years, do you get your licence for half price when you renew it in NSW?
Seeing we are talking about fines etc thought I would ask

I think so.
Wish it was for cheaper rego though, just recieved my green slip and rego renewal.....
Just had a minor heart attack! its a joke how we get taken for a ride in nsw.....

 

[thomasssss]

I think so.
Wish it was for cheaper rego though, just recieved my green slip and rego renewal.....
Just had a minor heart attack! its a joke how we get taken for a ride in nsw.....

rego isnt a joke , it has its reasons for being in place you just have to open your eyes and look past the $$$ to see them

FAY- yes you do get that in nsw , my sister has one but why do you have to ask , your location is listed as sydney ?

 

[cma_369]

rego isnt a joke , it has its reasons for being in place you just have to open your eyes and look past the $$$ to see them

FAY- yes you do get that in nsw , my sister has one but why do you have to ask , your location is listed as sydney ?

No where did i say its not needed.....
We are however being taken for a ride, you just need to see how much cheaper it is interstate........

 

[wokka]

I think so.
Wish it was for cheaper rego though, just recieved my green slip and rego renewal.....
Just had a minor heart attack! its a joke how we get taken for a ride in nsw.....

I doubt that the cost of green slips goes anywhere near covering the cost of injuries caused by car accidents- even if the drivers are not under the influence. Just another case where society pays for the consequences of individuals who know better than to follow the rules!

 

[andynic07]

I doubt that the cost of green slips goes anywhere near covering the cost of injuries caused by car accidents- even if the drivers are not under the influence. Just another case where society pays for the consequences of individuals who know better than to follow the rules!

I bet that if rego was cheap and people had to pay personal insurance for such accidents it would be a lot more expensive. In Queensland we do not have to get a roadworthy certificate every year like down in NSW and we have a lot of s$%t boxes on the road that have passed a roadworthy 5 or 10 years ago and have had no maintenance done in this time.

 

[FAY]

I have to ask as this will be the first time in my life I have ever had to renew my licence...

rego isnt a joke , it has its reasons for being in place you just have to open your eyes and look past the $$$ to see them

FAY- yes you do get that in nsw , my sister has one but why do you have to ask , your location is listed as sydney ?

 

[Skeptic]

I doubt that the cost of green slips goes anywhere near covering the cost of injuries caused by car accidents- even if the drivers are not under the influence. Just another case where society pays for the consequences of individuals who know better than to follow the rules!

Roughly 5.5 million vehicles registered in NSW. That's roughly $2.2 billion in revenue from green slips. I doubt the cost of injuries caused by car accidents in NSW is that high. Insurance companies aren't charity organisations and only have their profit margins in mind.

 

[thomasssss]

I have to ask as this will be the first time in my life I have ever had to renew my licence...

oh my bad , i thought you may of had your location listed wrong for some reason

 

[andynic07]

Roughly 5.5 million vehicles registered in NSW. That's roughly $2.2 billion in revenue from green slips. I doubt the cost of injuries caused by car accidents in NSW is that high. Insurance companies aren't charity organisations and only have their profit margins in mind.

That $400 per "green slip" is partially put back into the roads and administration fees. It is slightly inflated but as you stated the insurance companies need to make money as well and the rest of the fees go into roads and government fees. I guess the insurance companies play the numbers game and work out roughly how much they will pay out per annum and how many customers they have and then add the profit margin in.We have all seen recent times in Queensland where the insurance companies were caught out by the recent floods.

 

[moosenoose]

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

And if you do fight it, make sure you bring in a good barrister. I took a winnable matter to court... stupidly thought I'd handle it myself, and was torn a new one by the police prosecuter :lol: Even the judge asked me why I didn't bring in help :lol:

 

[Skeptic]

That $400 per "green slip" is partially put back into the roads and administration fees. It is slightly inflated but as you stated the insurance companies need to make money as well and the rest of the fees go into roads and government fees. I guess the insurance companies play the numbers game and work out roughly how much they will pay out per annum and how many customers they have and then add the profit margin in.We have all seen recent times in Queensland where the insurance companies were caught out by the recent floods.

Compulsory third party insurance is privatised in NSW so none of that money goes back to infrastructure. We then pay registration on top of that to the RTA. To register my car this year cost over $1k and I'm 30 and have never had an accident. That's $700 to the state gvt and $400 to an insurance company.

 

[andynic07]

Compulsory third party insurance is privatised in NSW so none of that money goes back to infrastructure. We then pay registration on top of that to the RTA. To register my car this year cost over $1k and I'm 30 and have never had an accident. That's $700 to the state gvt and $400 to an insurance company.

Fair enough but I am sure that the insurance company still does it's sums and makes it's profit on top. I am also sure that some see it as excessive profits except the share holders who are demanding more.