Elected to go to court on drink driving charge

Court proceedings and Legal Process
Huggy
Posts: 3
Joined: Thu Feb 06, 2014 6:56 am

Elected to go to court on drink driving charge

Postby Huggy » Thu Feb 06, 2014 7:33 am

Hi,

I need some advice regarding a drink driving charge I was given on 30th of June 2013 by a marked police car in the city while I was on the way home and I pretty much accepted that charge. However after the 28 days I received another letter advising that the original charge and infringement had been withdrawn as the place of offence was incorrect in the original notice and the charging officer had amended the charge to include a different location. Now at this point I had thought that I may be able to take this to court on the grounds that the police are not able to recall the location of where I was caught, I then elected to have the matter heard in court.
I received a charge and summons on the 21st of Oct 2013 to attend court on the 23rd January 2014. The charge and summons says that I committed the offence on the 30th of June 2013 at Flinders Street, Melbourne, however where it says 'are there more charges?' it shows "Yes" and the continuation of charges page states that I was drink driving at Collins Street, Melbourne on the 30th of June 2013. The reading at Flinders Street was 0.097 and the reading at Collins St says 0.102, now after speaking to community legal aid I was told there is not much that can be done as it's a minimum mandatory sentence which means that I will be served with that offence and conviction. My question to anyone here that can possibly help is that do I have any leg to stand on?

I would also like to mention that although I would love to hire a lawyer such as Mr. Hardy, I do not have $3-5G as I am currently unemployed (lost my job november last year) and haven't had luck finding a job yet. One of my housemates has left the house and must find a new person before the end of February. Oh and my car ran out of Rego Oct last year and haven't been able to drive it since then.

Also I adjourned my court date from the 23rd last month to today but only found this website and forum yesterday and read as much as I could. I have decided to not appear in court to have further time to get advice (I realise that I will get a warrant but after reading the 'warrants' page I see that it's just a way for the courts to force me to attend as my current summons is a summary one) and possibly build some character references.

Any thoughts?

oscar
Posts: 706
Joined: Thu Nov 10, 2011 7:00 am

Re: Elected to go to court on drink driving charge

Postby oscar » Thu Feb 06, 2014 8:01 am

thoughts.......

what do you want to happen?
do you want the charges to be withdrawn or do you want to beat the charges?

likelihood of them being withdrawn - pretty much zero
beating them - depends

1. what did you actually blow?
then you either ...
2. plea guilty
or...
3. plea not guilty and use legal aid - they won't help
4. plea not guilty and do it yourself - almost as good as using legal aid
5. plea not guilty and pay someone to help you - but you don't have the money.....

rock....hard place....

Hardy
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Re: Elected to go to court on drink driving charge

Postby Hardy » Thu Feb 06, 2014 11:09 am

Sounds like you blew 0.09% which will give you 6 months disqualification if you are found guilty.
There is no point finding out if you have a good defence if you are not able to pay a lawyer to win the case for you. Winning a drink drive without a lawyer is so unlikely you can forget it. Nothing that you mention indicates any defence, but that is normal. Usually lawyers find defences to driving offences by looking at the charge and summons and the police brief, not by listening to the client.

Huggy
Posts: 3
Joined: Thu Feb 06, 2014 6:56 am

Re: Elected to go to court on drink driving charge

Postby Huggy » Fri Feb 07, 2014 3:16 pm

Thanks for the responses.

Oscar, I would like to see if I can just get the disqualification and not the fine, I can't afford it right now. Would there be any chance of that happening? The fine is $423.

Hardy, if I am found guilty then would this charge come on any criminal registry, if so what kind of register and would employers be able to find this information?


Thanks again.

Hardy
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Re: Elected to go to court on drink driving charge

Postby Hardy » Fri Feb 07, 2014 4:46 pm

The fine will be about $400+
If you are found guilty you should order a copy of your criminal history and take a look at it to see if it is on it.

oscar
Posts: 706
Joined: Thu Nov 10, 2011 7:00 am

Re: Elected to go to court on drink driving charge

Postby oscar » Fri Feb 07, 2014 5:01 pm

you are going to get a fine (unless you are found not guilty)

you are not working - likely get a small ...ish fine

Huggy
Posts: 3
Joined: Thu Feb 06, 2014 6:56 am

Re: Elected to go to court on drink driving charge

Postby Huggy » Sun Feb 09, 2014 11:34 am

Thanks for the replies, I guess I must deal with the consequences. I am just waiting for the warrant to be issued and such. I heard I would need to go to the police station to sign some stuff as a formality right?

Hardy
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Re: Elected to go to court on drink driving charge

Postby Hardy » Sun Feb 09, 2014 5:54 pm

see http://www.trafficlaw.com.au/warrants.html

Going to the police station is an option, not a requirement. Go if you want to accelerate your licence cancelation date.


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