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#1 AussieTemplar

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Posted 14 July 2012 - 02:19 PM

Hi guys,

Got my self into a bit of a pickle last night.
Left the pub, thought I was sober, I didn't have a drink all night, get pulled over and blow 0.015
I was shocked, got taken back to the station, figures get revised to a measley 0.009.

Regardless, I am still over the limit as P platers cannot have any alcohol in their system.
I think it's come down to me accidentally drinking someone elses drink, as everyone else that night was drinking spirits with coke/lemonade and I was sitting on soft drinks.
I do recall tasting a funny drink, probably where the problem originates from.

The officers at the station reckon I can get off it no worries, I don't have anything against my name and on the report they put generally good comments in.
I use my car to travel to work and support my grandmother so the police believe all of the above are good terms for a Section 10.

Should I find a lawyer? Or simply pleading guilty and letting the court know of my circumstances on the day should be adequate enough to hopefully have the hearing go the right way.

TL;DR: Got pulled over leaving the pub, believe I took someone else's drink and got RBT'd, blew numbers, P plater tolerance must be 0.000.

Thanks,

Nick

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#2 RX25SE

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Posted 14 July 2012 - 02:24 PM

Bugger Nick.

Is there any way you can get in touch with someone who has been through this?
Maybe contact the Police and see what their advice is?

If I told you I was a compulsive liar, would you believe me?

 


#3 Monster

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Posted 14 July 2012 - 02:27 PM

As someone who has been to the police academy for 8 months. What I would do is not bother with a lawyer, if you really wanted to go for a lawyer go with public aid ya can find these guys at the court houses. Deffently write a support document for the date, and charactor reference wouldnt go affray either.
Good Luck with it man!!

#4 terencehng

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Posted 14 July 2012 - 02:31 PM

i got done dui while on my p plates.. i blew around 0.025 after my SECOND test back at the station. They let me off with a $75 fine and said if i get caught again, i'm losing my licence... tho this is in WA and relatively lenient officers..

#5 cameron

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Posted 14 July 2012 - 02:39 PM

With the way things are with p-plates atm I honestly cant see you getting off but magistrates do as they please usually. Whats against you is being a p-plater. the magistrate will go along the lines of saying if i let you off lightly then every p-plater can have one drink and blow a novice range and say im sorry sir it was an accident. Did they take your licence and charge with novice range PCA?

You need to way up a few things:
What is the likely length of suspension? most likely 3-6months
What is the likely fine?
How much effect will not having my licence have?
How much will a lawyer cost?

Speak to legal aid (free legal advice) and they will advise you best on what to do.

You will need:
Letter from employer saying you need your licence for work
Letter showing you are a carer for your grandmother or she is dependant on you
Some references stating good character etc



MONSTER - you still there??

Have you put any more thought into squeezing some more power out of the engine. Like strapping on one of those intake fans


#6 Shaz

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Posted 14 July 2012 - 02:53 PM

Nick, I wouldnt bother with the lawyer. Explain your circumstances. Happy to write a character reference if needed.

Good luck mate, sucks.

Cheers,
Shazza
 


I put up with people from amnesty, red cross and now the cancer council almost daily hounding me!! Throw in the greens, green peace, unhcr, save the forking children and I've well and truly hit my limit for the number of fuckstains wanting me to sign something or give money. Seriously cubts,  :fork: right off.
 

 

#7 Alex

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Posted 14 July 2012 - 03:10 PM

As someone who has been to the police academy for 8 months. What I would do is not bother with a lawyer, if you really wanted to go for a lawyer go with public aid ya can find these guys at the court houses. Deffently write a support document for the date, and charactor reference wouldnt go affray either.
Good Luck with it man!!


This.

Also happy to put pen to paper, without flaming chainsaws.

#8 SUBARU

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Posted 14 July 2012 - 03:54 PM

That's some ordinary luck! I hope it all turns out OK for you.

#9 AussieTemplar

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Posted 14 July 2012 - 04:51 PM

Hi guys,

Thanks for the feedback and support. How do I get in contact with a 'legal aid'? Is it a service that runs within the courthouse?

Nick

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#10 RX25SE

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Posted 14 July 2012 - 04:57 PM

Try this.

http://www.legalaid....gal-help/advice

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#11 CodeBurn3r

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Posted 14 July 2012 - 05:22 PM

These P plate laws are bloody ludicrous now.. i mean i understand the no alcohol but at such a low point.. i think you could blow that if you accidentally swallowed some mouthwash!

Don't get me started on the Passenger restrictions.. having to drive 3 cars to maccas so that 6 people can go.. FFS

Good luck mate, being so low and with a good record and character statements think you'll be right
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#12 cameron

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Posted 14 July 2012 - 05:30 PM

its actually a myth that you can get done with mouth wash. yes mouth wash gives you a positive mouth alcohol reading but between the road side test and the test at the station or in the truck theres a15 minute wait that 99% of ppl will disolve the mouth alcohol by then. then if u blow over in the truck or station you can request a blood test

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#13 Monster

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Posted 14 July 2012 - 06:39 PM


MONSTER - you still there??

Na mate, failed my last exam then got done for 20+km over on the way home and then got done again 20+km on the way back to see my mates graduate 2 weeks later :( oh and then Neg driving (which was bs) so gotta wait till i have a clean driving record :(

#14 slimjimbo

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Posted 14 July 2012 - 06:44 PM

its actually a myth that you can get done with mouth wash. yes mouth wash gives you a positive mouth alcohol reading but between the road side test and the test at the station or in the truck theres a15 minute wait that 99% of ppl will disolve the mouth alcohol by then. then if u blow over in the truck or station you can request a blood test


If you ingest the mouthwash, it'll probably hook you up with a positive reading on a bretho. Might even get you drunk. But will probably make you feel pretty average. Haha.

But what you're saying is right about the mouthwash, if you use it as intended. This story is off topic, but you're all nice people, so I'm sure you'll listen intently.

My dad used was a mouthwash fiend, he had really bad mouth ulcers and that Difflam shit gave him sweet relief. This one time, he left a restaurant and did some mouthwash in the carpark. Super classy, I know.'

Anyway, couple of minutes later he got pulled up by a cop for some reason that I can't recall. Did the standard bretho thing, blew numbers through the roof. The cop couldn't believe dad was standing/coherant, but didn't believe the bretho story. Blew again 5 minutes later - 0.00.

Cop said he was gonna tell the boys at the station, and had never heard of it *actually* happening before.

#15 AussieTemplar

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Posted 14 July 2012 - 06:58 PM

Try this.

http://www.legalaid....gal-help/advice


Thanks Jase!!

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#16 TSG

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Posted 14 July 2012 - 07:00 PM

That is super low, you might get off lightly. I just didn't drink when I needed to drive on my P's - but I am not one to drink much anyway, even on special occasions! Never seen the appeal tbh. Good luck!

#17 fatcat67

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Posted 14 July 2012 - 07:57 PM

Only one reply with real experience with DUI.
The laws for L and P platers are getting tough and there is little leniency offered by the courts. Yours however, is a very low reading and could be explained by accidently drinking a bit of someone elses drink.
But using legal aid is what I would consider a mistake. The reason Lawyers work there is because they can't cut it in private practice.............period.

I had an accident a few years ago, hit a powerpole, and wrecked my car. I blew 0.056(0.006 over and you were 0.009 over). I called the police because I thought I was under the limit. I blacked out half a suburb for an hour and the pole needed to be replaced. That was the quickest waste of $50K in my life and insurance wasn't an option.
I hired a Lawyer who did these cases day in day out that was recommended to me by my wifes cousin who is a detective.

This is where it gets interesting. I watched as people represented themselves or were represented by legal aid. They got fvcken smashed by the Magistrate. Big fines and big penalties. Similar readings to mine and up to 0.08 were gettng 3-6 months suspensions and between $900 and $2000 fines with a record against their names.
My turn comes up, my Lawyer and I stand up, he begins to speak, and I'm thanking God that he's doing the talking for me.
I got off with a $200 fine (to be paid in 28days), lose licence for 1 Month, and non recording of offence against my name.

I don't know how important your licence is to you but I run a business, travel overseas alot, and have a family, so time without a licence makes things very hard.
The cost of my Lawyer was $880.00 but I can tell you he saved me at least 3 times that and was worth it not to get a record.

Seroiously, get someone who knows what they are doing. It's worth it.
As Tony Montana would say:
In this country, you gotta make the money first.
Then when you get the money, you get the power.
Then when you get the power, then you get the women.

#18 AussieTemplar

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Posted 14 July 2012 - 08:07 PM

Only one reply with real experience with DUI.
The laws for L and P platers are getting tough and there is little leniency offered by the courts. Yours however, is a very low reading and could be explained by accidently drinking a bit of someone elses drink.
But using legal aid is what I would consider a mistake. The reason Lawyers work there is because they can't cut it in private practice.............period.

I had an accident a few years ago, hit a powerpole, and wrecked my car. I blew 0.056(0.006 over and you were 0.009 over). I called the police because I thought I was under the limit. I blacked out half a suburb for an hour and the pole needed to be replaced. That was the quickest waste of $50K in my life and insurance wasn't an option.
I hired a Lawyer who did these cases day in day out that was recommended to me by my wifes cousin who is a detective.

This is where it gets interesting. I watched as people represented themselves or were represented by legal aid. They got fvcken smashed by the Magistrate. Big fines and big penalties. Similar readings to mine and up to 0.08 were gettng 3-6 months suspensions and between $900 and $2000 fines with a record against their names.
My turn comes up, my Lawyer and I stand up, he begins to speak, and I'm thanking God that he's doing the talking for me.
I got off with a $200 fine (to be paid in 28days), lose licence for 1 Month, and non recording of offence against my name.

I don't know how important your licence is to you but I run a business, travel overseas alot, and have a family, so time without a licence makes things very hard.
The cost of my Lawyer was $880.00 but I can tell you he saved me at least 3 time that and was worth it not to get a record.

Seroiously, get someone who knows what they are doing. It's worth it.


Will put this to thought, thanks man. It's good getting help from someone with actual experience.

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#19 Start

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Posted 14 July 2012 - 10:57 PM

I got done on my Green P's the NEXT morning after a night out... (lesson learnt)

Anyway, I got a lawyer and he recommended i do a 3 month "traffic offenders program" I finished that and it looked really good to the judge.

I needed to ensure i got no record for my career.

I got off with a small fine, section 10 no record - kept my license the whole time.

#20 AussieTemplar

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Posted 14 July 2012 - 11:15 PM

I got done on my Green P's the NEXT morning after a night out... (lesson learnt)

Anyway, I got a lawyer and he recommended i do a 3 month "traffic offenders program" I finished that and it looked really good to the judge.

I needed to ensure i got no record for my career.

I got off with a small fine, section 10 no record - kept my license the whole time.


Did you go to court with the lawyer?

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