DUI Charge Advice Please (NSW)

Ljlee2u3 on 08/05/2018 - 10:21
Last edited 08/05/2018 - 11:22 by 1 other user

Hi All,

I was caught driving under the influence of alchohol by an undercover cop. It wasnt extreme but they measured me at 0.011 and then 0.08 back at the police station.

They have since confiscated my licence until my court date at the end of the month which will decide my punishment. I was advised by the police to seek a lawyer for assistance.

Just wondering if anyone who has experienced this if its worth the money? I am a first time offender and have a good record. I called a lawyer for a quote and they charge $2200. Any advice will be appreciated.

Thank you,

Jason

Automotive

Comments

    • bobbified on 08/05/2018 - 11:31
      +4

      No excusing OP's behaviour, but the official reading was 0.08.

      • Daniel Plainview on 08/05/2018 - 13:01
        +6

        Well thats technically what it'll be charged at but obviously his peak alcohol level in his blood was atleast 0.11 - perhaps even higher as perhaps he'd peaked at 0.15, then decided to drive 20mins later, then got pulled over and tested 10mins later, then actually had his proper/official reading done 30mins later.

        So with all due respect - the OP is exceedingly lucky he was charged on the downside of his reading - as he was driving a lot more intoxicated than the 0.08.

        IMHO and I'm sorry to be a stacks on the mill person but you deserve what you get. Drunk driving is a really selfish act that unfortunately too often ends up affecting other innocent people far more than the drunk driver. As melodramatic as it sounds literally everyday other peoples lives are ruined because of such stupid actions…..and especially in the age of ride sharing it's even harder to justify.

        Most of us have done some very silly things in our lives and perhaps thats OPs one out of the way but if a few things had gone different and they'd killed a Mother driving home with their kids in the back or turned a poor guy who's a cleaner into a quadraplegic thatd have been a lot tougher to live with than a few thousand dollar fine.

        PS. Curious social comment - it's interesting to me that I've seen the posts of several folks who were naive and were scammed of several thousand dollars on Gumtree - and they're pretty badly hammered as 'idiots' - and then you've a guy who was driving atleast twice over the legal BAC - who could have killed or seriously injured people through sheer stupidity & selfishness and far less agro comments to him and rather many folks more than happy to assist with advice. Unsure why that is but it's not what I'd have expected.

        • bobbified on 08/05/2018 - 13:30
          +6

          but obviously his peak alcohol level in his blood was atleast 0.11 - perhaps even higher as perhaps he'd peaked at 0.15, then decided to drive 20mins later, then got pulled over and tested 10mins later, then actually had his proper/official reading done 30mins later.

          Let's not make assumptions on what the BAC could have been. The only way it'll go from 0.15 to 0.08 in 30 minutes is if there was alcohol in his mouth/breath - that is, not waiting the 15-20 minutes after a drink before being tested. Hence, when you're about to get tested, they'll often ask "when did you have your last drink?". If you say you've had it within the last 10 minutes and blow over, they'll make you wait before re-testing to see if there's a rapid drop.

          The test is there to measure a person's blood alcohol content because that's what causes impairment to driving ability (not the amount of alcohol in lingering in their mouth).

          I did a test on the larger machine at the police station before and it came up as 0.315. But that was because I'd just rinsed my mouth out with mouth wash before blowing into it. 20 minutes later, I had a 0.000 reading again.

        • cameldownunder on 09/05/2018 - 14:02

          "Well thats technically what it'll be charged at but obviously his peak alcohol level in his blood was atleast 0.11 - perhaps even higher as perhaps he'd peaked at 0.15, then decided to drive 20mins later, then got pulled over and tested 10mins later, then actually had his proper/official reading done 30mins later."
          You lose/digest/metabolize about .01 per hour. Probably had some alcohol residue in the mouth, and maybe drank a lot of water at police station to dilute the blood ( and the alcohol ), but you don't go from 0.15 to 1.1 ( blood level ) in 20 mins.

  • shaybisc on 08/05/2018 - 11:17

    What about the woman who blew .445 and got off because the policeman didn't ask if she had driven in the last 2 hours- found pased out parked at a bus stop.

    • c0balt on 08/05/2018 - 11:18
      +14

      Pussypass. She argued that she was a mother who was recently separated and that along with having a job explained her excessive drinking in a car at 12:30 in the afternoon when she was the sole carer for her children. She already had multiple prior DUI convictions, so why did the magistrate find this time it was different to her past? The magistrate went against the police recommendation and set precedence by their peers to find her not guilty. The precedence was already set that drivers who are drunk and passed out in their car can and will be convicted for drink driving, especially if they have prior convictions for it.

      http://www.dailymail.co.uk/news/article-5695537/Defiant-mum-…

      The police are investigating options to have the case reopened, as it's a flagrant abuse of the system that she got off when so many others before her didn't, and her excuse of motherhood being hard is disgusting.

      If it was a man, not only would he be found guilty in court, but the children will be taken away as they are clearly in danger being solely parented by a person who would leave their children at home to get passed out drunk in their car time and time again. Rightly so also, that behavior is not on for someone that has the responsibility of being a sole carer of children. It's just that it needs to go both ways and not let people off based on their gender.

      Equality in the court system, especially the family court system, has a long way to catch up.

      • [Deactivated] on 08/05/2018 - 12:59
        +5

        no officer, i crashed my car into this pole hours ago and just decided to start drinking after the crash because I felt bad about it

        • c0balt on 08/05/2018 - 13:06
          +20

          They are waiting for a mate.

  • Topdog on 08/05/2018 - 11:18
    +9

    You MAY get a section 10 dismissal. (Good Behaviour for 12 months and get to keep your licence with no conviction recorded, but the offence was proven)

    More than likely you will get 3-6 month licence disqualification, a criminal conviction and $300-$600 fine, Do not bother with a lawyer for first offence, Own up and take the punishment with stride, we are all human we all do stupid things. Thankfully the police got you before anything bad become of it.

    • Meconium on 08/05/2018 - 16:10
      +1

      Unlikely due to mid range BAC. Low range is 0.05-0.08.

      If OP has a long, unblemished driving record (e.g. a 45 year old with no speeding fines or other summary offences) there might be a chance of a section 10.

      With any prior convictions related to driving it's extremely unlikely.

      • mgsydney on 08/05/2018 - 16:49
        +1

        With you on that Meconium. There really need to be unique and exceptional circumstances for a s10 - the 3-6 month disqualification period sounds about right.

        They will also look at time of day, how fast you may have been driving, if you had anyone in the car with you, whether the roads were quiet, if there was rain etc. Also if you were open and honest when telling police how much you drank (shows remorse). And of course criminal and traffic record.

        Side note - watch RBT guys - everyone seems to say they have had "THREE" drinks - its like their magic safe number when its clear they havent just had one or two bevvies.

        A lawyer is a good option if you are nervous or reluctant to self-represent.

      • Micko179 on 10/05/2018 - 10:12

        Low range is .050-.079

      • bmerigan on 08/05/2018 - 21:39
        +7

        I'm hardly ever thankful when someone drives near me while impaired.

  • oscargamer on 08/05/2018 - 11:25

    Your choices.
    1. Plea Guilty and take what's coming.
    2. Get a lawyer, pay thousands, and roll the dice.

    • mini2 on 08/05/2018 - 11:30

      More like 1 and 2 aren't choices but actual steps to sort this mess out. Plus:
      3. Get character references and/or employer stating you need your licence for work (most likely the job thing won't work but why not)
      4. Get a decent suit if you haven't got one.
      5. Put on a remorseful face when being called at court. Wipe that smirk off your face helps.

  • Baysew on 08/05/2018 - 11:28
    +2

    This may be a guide for you -

    Offences and penalties related to driving under the influence of alcohol and drugs in NSW.

    See Mid Range Offence.

    Just for information Victoria has introduced tougher penalties from 30th April 2018.

    From 30 April 2018 if you get caught driving at .05 or more you’ll:

    lose your licence
    need to complete a compulsory Drink Driver Program and
    get an alcohol interlock installed on re-licensing.

  • GG57 on 08/05/2018 - 11:34
    +2

    I don't see how a lawyer will help, and nor should it IMO.
    Not sure of the penalties in NSW, but if you were in Vic (after 30 April) you would be looking at:

    Need to pay a fine
    Lose your licence
    Need to complete a compulsory drink driver behaviour change program; and
    Need to get an alcohol interlock installed in any vehicle you drive (once re-licensed) for at least six months.

    The type of behaviour change program will depend on your offence, but as a guide, they’re up to 12 hours long and are split over several days and includes alcohol screening and assessment, motivational and behaviour change techniques to address the underlying causes of drink and/or drug driving. It can also provide referrals to specialist treatment services for people with a serious alcohol and/or drug problem.

    As mentioned by others, we all make mistakes, but we all know about the dangers of this one.

  • pantsparty on 08/05/2018 - 11:36
    +8

    Assuming you plan to plead guilty I wouldn't bother with a lawyer, it is a waste of money. I have been in this scenario before - almost the same reading as you. Just go there and say you are sorry and that you made a mistake - not much else you can do. What else is an expensive fancy pants lawyer going to be able to do for you - convince the judge your character is amazing and the breathalyser was broken? You are going to lose your licence and you are going to be penalised some $$. Accept it and move on.

  • shaybisc on 08/05/2018 - 11:48

    I don't know. I've talked to Highway Patrol cops and I'm sure I remember them moaning about all the rich businessmen types who have got off charges per their smartarse lawyers. I can't remember the details of the conversation as I was drunk at the time. Might not have been drink-driving- probably speeding tickets.

    • [Deactivated] on 08/05/2018 - 14:00
      -5

      Fixed for language bias.

      Highway Patrol cops are upset that the people they pulled over seeked legal council and contested allegations that were found to be unwarranted.

    • Cluster on 08/05/2018 - 16:43

      There was a rather high profile case a few years ago where the alleged advice was to fake chest pain to avoid a breath test.

      https://www.smh.com.au/national/nsw/margaret-cunneen-says-sh…

  • altomic on 08/05/2018 - 12:09

    contact your state Legal AId office and arrange for in person or over the phone advice.

    In QLD -

    if this is your first ever DUI then you may get a sympathetic magistrate and only receive a fine.

    If it is your second (or more) then suck it.

    if you lose your licence and you need it for work then you can make an application for a restrictive licence which only allows you to drive for/to/from work.

    as pantsparty says - don't worry with a lawyer. unless it is the Duty Lawyer. a lawyer will take your money and say exactly what you would say.

    source : I work in the legal field (not a lawyer) but deal with criminal matters.

    TL:DR - contact Legal Aid and get some advice, see Duty Lawyer at court on the day.

  • FoxJump on 08/05/2018 - 12:48
    +2

    I blew 0.05 many years ago
    I got lawyer, paid $900 to her.

    She asked for section 10a to the magistrate. He said yep. so i "saved" $200 because the fine would have been $1100 had I just taken what I was due for.

    • c0balt on 08/05/2018 - 12:52
      +1

      Things change over time, in Victoria as of 2 weeks ago the law changed so that if you are over 0.05, it's an automatic license suspension and this includes first time offenders.

      https://www.vicroads.vic.gov.au/safety-and-road-rules/road-r…

      • FoxJump on 08/05/2018 - 12:56

        Note.

        In NSW at least:
        It's not "over 0.05"
        It's "over or equal to 0.05"

        Source: personal experience in nsw

        • Cluster on 08/05/2018 - 14:02
          +1

          @c0balt: I don't think the number of drivers affected by the law changes will be high enough to swing any election. The opposition isn't likely to roll back the laws either (Soft on drink driving! They want to kill children!) so voting for the other guy isn't going to help now that the law is written.

        • c0balt on 08/05/2018 - 15:30
          -2

          @Cluster:

          It's not drink drivers having any sway in numbers. It's about their affected friends and family being inconvenienced by their friend/family member having a glass of wine with dinner warranting that kind of extreme response by the state.

          Low range drink driving has been abolished. It's either you are OK to drive at 0.049, or you are going to face the full brunt of the legal system at 0.050. What's next? If you are caught 1km/h over the speed limit, it's the same as being caught 20km/h over the limit? I really wouldn't be surprised if that becomes the law in Victoria, the nanny state.

          It's not about being soft on drink driving, the laws were very strong and hard before this. This is a cash grab to the extreme veiled under the guise of listening to the safety experts. If Daniel Andrews and Labor actually listened to safety experts, we wouldn't have the African crime wave we have, along with the slaps on the wrists for young violent offenders since he was elected.

        • [Deactivated] on 08/05/2018 - 16:44
          +2

          @c0balt:
          I thought the $2000 fine was a give away regarding cash grab.

          You would think if policy makers had the interest of safety, removing someone's lisence is sufficient. If they drive whilst suspended, they're just as likely to ignore a fine.

        • c0balt on 08/05/2018 - 16:56
          -1

          @tshow:

          Give away? I always thought fines payable to the state always go into to the state treasury, local to local treasury etc?

          Well now there's additional costs of the interlock system, mandatory counseling and re-licensing fees for what was before low range drink driving with a small fine and demerit points.

          These are not cheap. I'm wondering if those industries were the lobbyists safety experts that Daniel Andrews consulted with.

        • [Deactivated] on 08/05/2018 - 17:25

          @c0balt:
          Don't forget hoon laws allow for a car to be towed within 30 days of the offense to be impounded for 30 days.

          Safety experts have expertly concluded that hoons have little regard for road laws. However, during the potential 30 day period between infringmenet notice and impoundment, they are particularly likely to have selective regard for the law. Of course, the following 30 days would be the polar opposite where they are far more likely to reoffend therefore the impoundment must be enforced.

          Then there's the matter of fines payable and impoundment fees. Nothing stops danger like a fistful of green and yellow.

    • FoxJump on 08/05/2018 - 12:55
      +3

      And I felt that whatever she did for me, I could have done for myself also.

      • Blitzfx on 08/05/2018 - 17:38

        That's the same kind of attitude as people who go to the doctor and complain that all they did about their headache was tell them to rest up and take pain killers.

        Could have had a massive sodium imbalance, passed out on the drive home and died.

        You got a section 10 instead of a more serious conviction on your record. Could have had some divine miracle judgement and get off with a warning.

  • Cave Fire on 08/05/2018 - 13:32
    -1

    It's a trap…

  • Empharand on 08/05/2018 - 13:34
    +2

    You're an adult, you did wrong, accept the punishment and DON'T DO IT AGAIN!

  • garetz on 08/05/2018 - 13:40
    +1

    Getting a solicitor is a waste of money unless you need your license for work, in which case definitely get a solicitor.

  • [Deactivated] on 08/05/2018 - 13:44
    -1

    (If you're a first time offerder and generally a stand up citizen) Tough luck, mate. You're unlikely to get away with it though I sympathize with you.

    Can't understand why the mass majority has eaten up this concept that fines are given for your safety. Sure, some are, but because something attracts a fine doesn't mean it is wrong/dangerous/life shattering.

    There's something called alterior motive. Revenue raising comes to mind.

    At any rate, DUIs are hard to defend. You've been thrown in with the booze hounds and druggos.

    • snook on 08/05/2018 - 13:52

      there are NO alterior motives.

      • [Deactivated] on 08/05/2018 - 13:54
        +1

        Ulterior motives then perhaps?

  • ozzpete on 08/05/2018 - 13:46

    Get legal aid , or are you not eligible? You could just represent yourself in court, and be honest. But while being honest, its good to remember, dont make excuses, and treat the judge with utmost respect, and dont argue .
    Keep in mind, the judge/magistrate is well aware (and has cases involving deaths come his way) regarding the dangers or drink driving. Show remorse (if you are remorseful) , maybe buy a breath tester, and keep that in car, develop a strategy and stick to it, so this does not happen again, express how sorry and embarrassed you are. If you need licence for work, explain that, it can be considered by magistrate.
    If it means you will lose job if lose licence, then it is probably worth paying a lawyer.

  • [Deactivated] on 08/05/2018 - 14:00

    Read this and lawyer up.

    http://sydneydrinkdriving.com.au/section-10-dui-nsw/

  • Cluster on 08/05/2018 - 14:01
    +2

    The often forgotten thing about drink driving is that the driver has zero insurance while on or over 0.05. People concentrate on the 'you could have killed someone!' angle, but forget about insurance. Crashed into a power pole and caused $25k of damage? Guess who is paying every cent of that.

    • dcep on 08/05/2018 - 14:48

      what about ctp insurance ?
      DUI killed someone, got sued millions … CTP covered or not

  • khell on 08/05/2018 - 14:51
    +17

    You selfishly endangered everyone else on the roads. I think you deserve everything you're going to get coming from this.

    EDIT: LOL, whoever downvoted this obviously DUIs as well.

    • picklewizard on 08/05/2018 - 15:20
      -3

      The eff is everyone downvoting this for…?

      • belongsinforums on 09/05/2018 - 11:43
        +1

        its been said 100 times already, is my guess

      • belongsinforums on 09/05/2018 - 11:43

        also, its really fun to downvote people who ask why they were being downvoted. another ozbargain "running gag"

    • Wiede on 08/05/2018 - 17:56

      Not sure whether OP means 0.11 or 0.01, if it is 0.11 then it is very reckless and he should not drive at all ever

  • Munki on 08/05/2018 - 14:54

    What sort of advice were you hoping to get? Genuinely curious.

  • AutomationGuy on 08/05/2018 - 15:05
    +16

    0.11 is not even close to low range.

    The fact that you were pulled over by an undercover cop and not just caught in a RBT station means that your driving must have been suffiently poor / dangerous to warrant him wasting his time pulling you over.

    You deserve whatever the law has coming, time to show some actual remorse when you go to court if you want any favours.

  • sanerr on 08/05/2018 - 15:24
    +1

    A lot of perfect people in here…..

    I’ve been through this. Spent around 4k on a mates inlaw to represent me. In retrospect I wouldn’t use a lawyer again. I don’t feel like it got me anywhere.

    Go and enrol in the PCYC TOIP.. it’s an intervention program. That will work in your favour in court. Show them your completed (or in progress) report. At the end of the day, section 10’s are rare for DUI. There a a range of punishment. I think between 3-6 months and whatever $$$ fine.

    You’re going to get minimum 3, because you’re a first offender, if you do the TOIP and dress decently and admit you did wrong and show remorse you’re getting the minimum.

    I got smack bang in the middle of my possible suspension, 6-12 months. He gave me 9. I was higher than yours roadside and back at the station and then I got a blood test in hospital which brought me down even further.

    • jlee2u3 on 08/05/2018 - 17:39
      +1

      Thanks mate.

    • thord on 09/05/2018 - 13:51
      +2

      The one guy who gives advice instead of all the other sanctimonious arsehole posts, and it's sitting at -3 votes…

      God damn ozbargain community, be better than this.

      • Talonparty on 09/05/2018 - 21:50
        +1

        It's absolutely cringeworthy. The guy just asks for advice in his post and gets a barrage of holier-than-thou bullshit. Just tell him where to get a lawyer and what to expect in court. I'm sure the judge will let him have it, no need for so much embarrassing commentary.

        • JuryWheel on 11/05/2018 - 11:57
          +1

          I agree too. Have no idea, but the OP seems to be remorseful and not trying to shirk responsibility, just looking for some advice from others at to what to expect/best ways to show he is sorry and has learnt his lesson.

        • Talonparty on 11/05/2018 - 21:48

          @cjb: I agree but I don't think it was ever necessary for him to come in proclaiming 'mea culpa'. His question was purely 'I got in trouble, is a lawyer worth the money and what should I expect' it was never 'how do i get away with this' or 'i didn't deserve this'. I struggle to understand why people felt it was so necessary to remind him he'd done wrong.

  • Gauntlet on 08/05/2018 - 15:27
    +23

    I've had a brother die from having an accident whilst drunk and a "mate" kill someone whilst texting and driving.
    Having been that close to it I can say that I have zero sympathy for those that don't follow simple road rules.
    Cop it on the chin mate and thank whoever for not killing yourself or someone else.

    • codinghelloworld on 08/05/2018 - 15:37
      +4

      Agree. Few months ago when I cross the zebra crossing and nearly hit by a woman who was texting when driving.

      These persons should be banned from driving, for years.

    • jlee2u3 on 08/05/2018 - 17:40
      +21

      I am sorry to here that mate. Reading these comments i can see how selfish and irresponsible i was. Im just gonna cop it on the chin.

  • luffyex2010 on 08/05/2018 - 15:33
    +5

    Blood / Breath Alcohol Concentration (BAC) Maximum Fine Amount Minimum Licence Disqualification Maximum Term of Imprisonment
    Novice: Less than 0.02* $1,100 6 months N/A
    Special Range: 0.02 - 0.049* $1,100 6 months N/A
    Low Range: 0.05 - 0.079 $1,100 6 months N/A
    Mid Range: 0.08 - 0.149 $2,200 Unlimited (minimum 6 months) 9 months
    High Range: 0.15 and over $3,300 Unlimited (minimum 12 months) 18 months
    * Learner, probationary or provisional licenses, and drivers of particular motor vehicles

    Just be honest, apologetic and promise you will not drink and drive again and dont forget to Thank the Judge whatever sentence is given.

    Or if you are those arrogant/dun give a f**k person…you better get a lawyer and just prepare for the bottom ones in the near future

    The penalties for repeat drink driving offences can include

    Having your licence disqualified for a minimum of 2 years for a high range offence
    Being fined up to $5,500
    Having your car fitted with an alcohol interlock device, or
    Being sentence to a maximum imprisonment term of 2 years

    I dont think money concerns you Jason but more of the level of comfort that you want to find from the feedback to hide the guilt. The lawyer fees and the fines should be peanuts for you with all the money you made from ebay.

    You shouldn't be allowed a license if you cant even follow such simple rules on the road.

    • jlee2u3 on 08/05/2018 - 17:41
      +2

      I see my mistakes mate. Just gonna cop it on the chin.

      • CMH on 09/05/2018 - 17:02

        According to the above, you are facing 9 months jail time.

        I'd lawyer up.

    • Butt Scratcher on 08/05/2018 - 18:19

      I don't think that would help in OP's circumstance. With how much alcohol that was found in his system, I don't think there was any doubt that he was over the limit.

  • antonthenet on 08/05/2018 - 15:55

    How much did you have to drink to get to 0.11?

    I was told that two standard drinks in the first hour then one there after and you should be fine.

    Did you drink more than this? Are you big or small?

    Should just cop it on the chin and be thankful no one was hurt. Others haven't been so lucky.

    • trapper on 08/05/2018 - 19:02

      3 pints would do it. Maybe 2 if it was higher strength craft beer

    • thord on 09/05/2018 - 13:54

      To get to 0.11 you'd need to drink 5 bottles of beer in 3 hours. It's really not that much to get over the limit.

      If you were in a pub and drinking schooners, you'd only need to drink 4 in a 3 hour period and you'd be up to 0.11.

      (based on average weight of a person)

  • Shark on 08/05/2018 - 16:12
    +4

    just a suggestion.
    1. bend over
    2. take the pineapple that you rightfully deserve

  • [Deactivated] on 08/05/2018 - 16:14

    https://www.ozbargain.com.au/node/377051

  • Donaldhump on 08/05/2018 - 16:16
    +1

    call 3 lawyers

    get multiple quotes.

    pay the fee, and consider it a lucky outcome as opposed to killing someone, yourself.

  • Chthonic on 08/05/2018 - 16:17

    I got done sitting in a car with the keys in the ignition at a shopping centre. .292.

    Had to get a lawyer etc. I have bipolar and had been seeing a psychiatrist for some time but that helps.

    OP, if it's 0.011 that's under the limit. If it's 0.11 that's level 3 (level 4 being over 0.15). Get a lawyer, suck up the costs it will end up better for you long term.

    • Name on 09/05/2018 - 19:34

      Did you drive there or were you just chilling in the car after having a drink?

  • snappy1234 on 08/05/2018 - 16:20
    +8

    Sorry do not have sympathy.

    Was involved in a fatal with a drunk driver
    -was difficult driving my commute home for a long time

    (guy hit 3 vehicles including mine… he crossed to incorrect side)

    Also was a pedestrian witness to an
    accident -young nurse killed.

  • OzzyOzbourne on 08/05/2018 - 16:30
    +2

    So you blew 7x more at the station! Did you go via a few more pubs?!

  • whoopdeedoo on 08/05/2018 - 16:52
    +1

    haha!

  • SpotTheOzzie on 08/05/2018 - 17:28
    +11

    Undercover cops won't pull people over for a routine stop champ unless something is up. He probably noticed your driving skills were sub-par, had the impression you were under the influence and his suspicion was right given a .11 reading.

    I'm glad to know our roads are being patrolled by undercover cops and that a life may have been saved that night.

    Have a hard look in the mirror mate, you're trying to justify that 0.08 to 0.15 is 'low to mid range'..

    Well other sources like this one pin that type of reading as:

    BAC .08
    There is a definite impairment of muscle coordination and driving skills.
    BAC .10
    There is a clear deterioration of reaction time and control.
    BAC .12-.15
    Vomiting usually occurs, unless this level is reached slowly or a person has developed a tolerance to alcohol. Drinkers are drowsy.
    Drinkers display emotional instability, loss of critical judgment, impairment of perception, memory, and comprehension.
    Lack of sensor-motor coordination and impaired balance are typical. Decreased sensory responses and increased reaction times develop. The vision is significantly impaired, including limited ability to see detail, peripheral vision, and slower glare recovery.
    BAC .15
    This blood-alcohol level means the equivalent of 1/2 pint of whiskey is circulating in the blood stream.

    How about having a plan in place knowing you're going to drink at an event, that's what a responsible person would have done.

    • trapper on 08/05/2018 - 18:47
      +3

      Who the hell vomits at .12-.15 ?

      Considering you can get there accidentally while trying to stay under the limit lol

      • thord on 09/05/2018 - 13:56

        The above post detailing the effects of alcohol is vague and sprinkled with bullshit, 0.12-0.15 does not result in vomiting.

        0.08 to 0.15 is literally mid-range as defined by the law.

    • Mrgreenz on 09/05/2018 - 23:30

      Half a pint = 235ml
      40% of 235ml = 108ml alcohol
      Human body = 5l blood
      108ml/5l = 2.16% alcohol in blood
      = BAC 2.16
      = basically certain death

      BAC .15 is equivelent to a mere 16.3ml of whisky in the blood or around half a shot.

      Powerfull stuff.

  • kaleidoscope on 08/05/2018 - 17:40
    +5

    Sorry, don’t mean to be rude, but these road rules exist for a very specific reason. You should be thankful they stopped you before you could have hurt somebody or yourself while drunk driving.

    Good luck!

  • Butt Scratcher on 08/05/2018 - 17:57

    Probably not worth hiring a solicitor unless you need your licence for work or have a somewhat of a decent reason to be driving with alcohol in your system (very unlikely considering how much alcohol was in your system)

    Just own up to it, show the magistrate that you are remorseful. Maybe they might be feeling generous and let you off, but don't get your hopes up.

  • salmon123 on 08/05/2018 - 18:19

    Also worth getting a lawyer, if you're the type of person who's going to get nervous at court.

    Interestingly, in NSW there was media articles a few months ago about abolishing court appearances for low range drink driving offences. I don't think it's gained much momentum or passed parliament yet.

  • trapper on 08/05/2018 - 18:34
    -1

    Get a lawyer obviously, this should be common sense after any brush with the law.

    A lawyer will ensure you get the best outcome, for example a 'work license' so you can keep your job if driving is a requirement etc

  • ego22 on 08/05/2018 - 18:56
    +1

    better call saul

  • errorius on 08/05/2018 - 20:01

    Friend was caught riding scooter drunk. Lost his license. While waiting for court got caught riding without license. Went to court and got away with good behavior bond. Wish he didn't.

    • superuser on 08/05/2018 - 20:39
      +1

      are you beefing joking right? Why is the justice system so $hit?

      • belongsinforums on 09/05/2018 - 11:47

        its less strenuous on the judicial system to put someone on parole rather than in prison. basically, put really bad people in jail = good. put people who made rather inconsequential stupid mistakes in prison = bad

    • R-Man on 09/05/2018 - 12:02

      I too have seen this episode of Scrubs.

  • whooah1979 on 08/05/2018 - 20:13

    Could you please us where in nsw? We’ll send the lac a case of nonalcoholic drink for doing their job.

  • payless69 on 08/05/2018 - 20:26
    +2

    I do not always agree with the cops but in your case you deserve having the book thrown at you. It does not matter how you have been pulled over.
    I could have a free restaurant incl alcohol license but I had seen first hand just how much damage alcohol has done to society.
    In QLD if you blow .08 on a skateboard you are considered a traffic user and gone is your ticket.
    Forget about a lawyer, just google it and nicely apologize to the court and take it as it comes.

  • TheMindsetTraveller on 08/05/2018 - 20:54
    +2

    Firstly, the maximum penalty for a convicted mid range PCA is quite scary …. apart from the monetary fine, minimum six month licence disqualification … YOU COULD END UP IN JAIL, up to a 9 months! Now you can go argue all you want that your boss needs you to drive to work because you ain't driving if you're in a 6 x 9 cell.

    http://www.rms.nsw.gov.au/roads/safety-rules/demerits-offenc…

    Now this takes me to my opinion:-

    1. Hire a lawyer now, preferably an accredited criminal/traffic lawyer. Anyone who thinks they can do better by representing themselves or thinks by just turning up to court and pleading guilty is a fool. Sure 98% of the time it might work out OK (loss of licence for a few months + a fine) and save a thousand bucks or two by not needing to pay a lawyer but importantly you do not know court rules or procedures, rules of evidence, or have the skill of a lawyers advocacy. You will more likely end up in a worse position, than a lighter wallet.

    2. Lawyers have advocacy and negotiation skills that are most useful outside of court and this is what your money is paying for - not that 20 minutes they are at the bench inside a courtroom. Outside of court and before your matter, your lawyer will ask for the charges and brief, your lawyer can ask for further and better particulars to your situation, see what evidence the prosecution has, test or at least argue what evidence may be allowed or not, if there procedural delays happen and its not your fault, potentially argue and negotiate a better outcome for you.

    3. Turning up to court by yourself and just pleading guilty the charges means you are accepting whatever "evidence" the police submits to the court … even if the "evidence" can be potentially challenged or even ruled, not allowed. For example, a police cannot guess your vehicle's speed or say that they saw you were speeding - so if you drove 100km/hr past them in a 60km/h zone, but the police did not use their speed radar, chased you down and charged you with speeding … you can challenge that and will be found not guilty …. (the NSW Criminal Court Of Appeal has already confirmed that "seeing" a car speed, even if they are an experienced highway police officer is completely unreliable versus the use of a speed radar camera). So yes, another reason why you should get a lawyer - they know rules of evidence, they know court rules and procedures; which is something you won't know.

  • [Deactivated] on 08/05/2018 - 21:10

    @ bobbified.

    The lower limit wasn't changed on a whim by politicians. It was changed by having V8 racing car drivers including Peter Brock(remember 05) was his car number given alcohol in measured amounts and driving an obstacle course. .05 was when most of them failed.

    As the saying goes…if you drink and drive you're a bloody idiot.

    • thord on 09/05/2018 - 13:57
      +1

      That sounds highly scientific…

    • bobbified on 09/05/2018 - 19:33
      +1

      I honestly don't think that proves anything.

  • field1985 on 08/05/2018 - 21:19

    Don't hire a lawyer. It simply shows the judge you can afford one and they will impose a much heavier fine.

    I have first hand experience of this. Myself and a mate where convicted within months of each other by the same magistrate, he had a higher BAC but didn't use a lawyer, his fine was less then half of mine (I used a lawyer). I got done when I was 20 (green p's) with a reading of 0.035 because of the zero tolerance for p-platers. It was the morning after a big night and it hadn't cleared my system.

    You will lose your licence, be fined and get sent on a drink driving course as part of your punishment. It will change your attitude.

  • AlanHB on 08/05/2018 - 21:50
    +1

    $2200 seems a bit high to me if you're going to plead guilty. I'd shop around a little.

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