Lost license, need help!

[EnricoPalazzo]

Esprit. Im not even goin to hope that u get off that charge, cos DUI is dangerous, 0.12 is not a cool thing.

[predator]

Well my younger brother lost his license recently for 6 months and he has not even been driving a year.. He was unlucky going down a backstreet, etc, but the law says 0% BAC on p's and he wasn't. He has learned his lesson and i'm glad he has, as in future years he won't be so stupid. I have a friend who has consistently drink driven for the last 7 years and has never been caught, and will continue to do so until he is caught or worse happens. So sometimes its good when u get caught for something like that before it results in worse shit later on.

Now with your case, you know you are in the wrong which is a start. Like Inasnt and people have been saying, if you take it to court, you will delay whatever possible fine and suspension is coming for maybe even up to 12 months b4 it gets heard.

You will at least also be able to plead to the judge your case - yes, you did something wrong, but you are regretful. You probably also need to say that it will effect your work prospects and things at such a young age, also your financial situation and many aspects of your life. Most likely the judge will see this and give you some reduction in light of this. You won't get off, but you will probably get a reduction in whatever penalty if they think you have learned from your mistake. If you go in with an arrogant attitude and trying to claim you weren't at fault then they'll probably just kain your ass. Sometimes it pays to swallow pride and just back down.

You will need a lawyer, as the court system is not really designed for people representing themselves.. and a few $100 on a lawyer will be worth it later on.

[esprit]

EnricoPalazzo I was not DUI (driving under the influence), if you read up on your drink driving law you will see that to be classified as DUI you have to have a blood alcohol level equal to or in excess of 0.15, I was 0.12. I've already acknowledged what I did was stupid and in the wrong, and I don't think in any way that i'll be able to get "off", but a reduced penalty would of course be nice

predator666 unfortunately I can't afford a lawyer, however I rung up a legal firm and received some helpful free legal advice from them. I'm going to represent myself, and address the judge for a little under 5 minutes presenting my case. As for future work prospects, I don't think it will really affect them if I receive a conviction for the drink driving charge (which I probably will) as drink driving isn't classed as a criminal offense, but rather a traffic offense, so I guess I'm lucky in that sense.

I can't really put anything off, because I have already been summoned to appear in court in about 3 weeks, the incident happened about 1 week ago.

Whatever I do get I deserve, because it was a stupid thing to do. I just hope it doesn't impact upon me that greatly

[Guest INASNT]

Originally posted by CerealKiller

siksII - go to court, you should be able to get a good behaviour bond thingy where basically you're on 1 point for a year - lose that point and you're done, keep that point with no infringements and you get all your points back (I think). Or you might be able to convince the judge that you need the car for work (or to get to work) and so you've got a restricted license - you can only drive during the day...try those options...

thats what i will be doing to when i finially get a summons for 45km over the limit!

[siksII]

To floody, to clear up a few things..

"as i never speed on that street" Oh, you just speed where there aren't cameras then? "

- Didnt mean to give that impression, i dont speed in residential zones, as i know its unsafe and innapropriate, i dont want to run over someone as much as you dont, however, ill openly admit, i do speed sometimes, as im sure everyone has when i see a nice stretch of deserted road. I often drive at around 3-5 in the morning, which is when i regularly drive over the speed limit in mostly non residential zones.

"i would like to show the courts that i have learned my lesson to GET OFF"....

I am not hoping to get off scott free, im hoping for a reduction, and i obviously want to show that courts i have learned my lesson to increase the chances of that. I dont mean to provoke you, your comments are pretty aggressive, but wouldnt you do the same if you were in my place?

In regards to my description of what i did as a slip up, i think you interpreted that wrong too. I mean slip up as in i chose to do something stupid, i chose to be in the wrong, and i dont usually do that, otherwise i would have lost my license a long time ago. I didnt mean it as in oh yeah i accidentally went 56km/h over the limit, which is how u have seen it.

finally, floody, i asked people here for help in terms of their opinions, not an attack on everything i say, so no offence, but maybe you should read and think about things twice before automatically thinking the worst of something.

I dont really have the cash to pay the fine straight away, and i really dont want to lose my license for so long. So it comes down to me pleading guilty(obviously) then stating my situation and hoping for the best. Ill try and get some legal advice beforehand, and post it up here for others.

[siksII]

Originally posted by esprit

EnricoPalazzo I was not DUI (driving under the influence), if you read up on your drink driving law you will see that to be classified as DUI you have to have a blood alcohol level equal to or in excess of 0.15, I was 0.12. I've already acknowledged what I did was stupid and in the wrong, and I don't think in any way that i'll be able to get "off", but a reduced penalty would of course be nice

I dont know if this will help, since it is a slightly diff situation, as you had a much higher blood alcohol level.......

but a friend of mine got caught for .04 when he was meant to be .02, he got off completely free. He went to court with his father, and got character references from his school to help his case. The fine was going to be $1200, and the suspension was going to be 3 months.

Plus, the only reason he got pulled over(i was in the car, drunk, thinking that he didnt drink at all...) is that one of our stupid female friends hung out the window for a few seconds, just as a paddywagon was behind us.

[CanberraR33]

A lot of magistrates will let people off if they are over the provisional 0.02 BAL but under the normal 0.05 BAL. But as soon as you get into the double the limit category there isn't much of a likley hood of anyone getting out of it!

I am not in NSW, I am in the ACT and the laws are different here. But last time I checked DUI is just an abreviation for Driving Under the Influence which applies to anyone in excess of the BAL.

Anyone who has ever been in a court room and watched people coming up before the court will tell you that those who represent themselves or use LegalAid will always come of worse then those with their own legal representation. Never underestimate the value of a good solicitor/barrister! Remember that the fine is just the small part. When you drive a skyline it's the insurance where it will really hit you.

Another thing, I am 90% sure that drink driving is a criminal offence as opposed to a traffic infringment. Something to double check anyway.

One last gripe; not saying that I am perfect...

If you never speed, never drink drive and generaly follow the road rules, you will never complain that the cops are revenue raising. Just keep in mind that the speed limits arn't set by the cops. The cops just enforce the law. If you think the speed limit is unfair write to the council, don't give the cops shit. At the end of the day it'll only make the outcome worse for you. If you are polite MOST cops will be far more leaneant on you.

Just my 2 cents

[JimX]

Originally posted by CanberraR33

If you never speed, never drink drive and generaly follow the road rules, you will never complain that the cops are revenue raising.

I have only lost 1 point off my licence (4 years ago so I've now got a full complement of points) in over 15 years of driving, but I will definitely complain about cops revenue raising. Based on stories like siksII's and what has happened to my friends and family. For example, one of my mate's dad, who is around 60 years old who drives everywhere and had never had a traffic fine in his life, recently got done by a speed camera which he didn't know was there, 75 in a 60 zone or something. Copped it sweet, but gee I wonder how many lives that fine saved?! And yes this was the widest, openest road you could think of and still be a 60 zone (probably should be an 80 zone).

SiksII, I can fully sympathise with your situation. Cops like to set up their cameras where they know they will bust people, not where they think they will save lives. Your only hope is that there are some judges out there that are more reasonable than our police force and politicians, who will hopefully agree with the ridiculousness of that speed trap and let you off.

[yogi000]

This probably doesnt have anything to do with what you guys are saying, but i got booked doing 83 in a 60 zone during the double demerit period 3 years ago while on my P's. The cop car that booked me was the WRX trial high way patrol. I served a three month ban but later on in the year i received a letter saying that it was a mistake and the wrx cop car had a faulty speedo.

Tell me what i say to that??? It alright for them to make a mistake but if u do...its all over.

[siksII]

yogi000:

I remember that whole messup, and ther must be some way to get your own back. I know next to nothing when it comes to the law, but isnt it logical that if you were disadvantaged because of that serious mistake made by authorities, cant you take them to court for some sort of retribution, becasue im sure if the situation was reversed, the authorities would be after you!

I dont just blame the cops, i believe most of them are just doing their job, and i dont have any bad feelings towards the ones who pulled me up. I think that if powers above them were doing their job, those police would have been somewhere else, saving lives. There were two cops standing around other than the one who actually booked me, so even if he was going to maybe put me in a lower speeding category, im sure he couldnt because of the presence of the others..

One thing i find strange is that they didnt even breathalyse me. I could have been pissed off my nut, and about to run over a group of pedestrians, and they would have done nothing about it. Isnt it normal for them to breathalyse when they pull u up for any reason? To me, it seems like the cop wasnt doing his job, im sure catching drunk people is more important than catching speeding people, so they should at least breathalyse everyone they pull up!!!

JimX, thanx for your sympathy. In the next week i will be trying to get some free legal help. I dont know where to go tho

I dont even know if it would be worth getting someone to represent me, or just representing myself. ie, if the legal fees will outweigh the benefits or visa versa..(if that makes sense.)

Does anyone know where i could go for free legal advice? Im pretty confused at the moment.

[JimX]

I know a chick who had an 11 year driving suspension, and represented herself and managed to get it down to 1 year (all but one of the offences annulled).

Now, before you all think "11 years, OMG she must be the worst driver on the planet!" She is actually not a bad driver, and has only ever had one small speeding (camera) ticket. It was a huge debacle that stemmed from her getting her licence suspended for not paying a train ticket fine.

It all went downhill from there, especially because cops from a certain police station in Sydney have had it in for her since she turned down some of their advances. So yeah, in the end she got off everything except one offence (I forget which, I think it was driving unregistered).

Btw just because she's not a bad driver doesn't mean she's not stupid. She did some really dumb stuff (that wasn't actually dangerous and nothing to do with driving skill or lack thereof) to get it up to 11 years. I have to say I'm impressed at the total amount of suspension as well as the fact that she got off

[EnricoPalazzo]

Espirit: No probs, sorry for the attack

[Guest INASNT]

Originally posted by JimX

I know a chick who had an 11 year driving suspension, and represented herself and managed to get it down to 1 year (all but one of the offences annulled).

Now, before you all think "11 years, OMG she must be the worst driver on the planet!" She is actually not a bad driver, and has only ever had one small speeding (camera) ticket. It was a huge debacle that stemmed from her getting her licence suspended for not paying a train ticket fine.  

It all went downhill from there, especially because cops from a certain police station in Sydney have had it in for her since she turned down some of their advances. So yeah, in the end she got off everything except one offence (I forget which, I think it was driving unregistered).

Btw just because she's not a bad driver doesn't mean she's not stupid. She did some really dumb stuff (that wasn't actually dangerous and nothing to do with driving skill or lack thereof) to get it up to 11 years. I have to say I'm impressed at the total amount of suspension as well as the fact that she got off

getting 11 years which stemmed from not paying a train ticket just goes to prove what a ***ed up system we have here in australia. It all comes down to $$ nothing else

[JimX]

INASNT, definitely. The ridiculousness of the train ticket incident is the main reason she got off almost everything else, because she finally got a judge who had common sense. The ones she had previously were like "you broke the law and now you must pay the penalty".

The "funniest" thing about the whole situation is that she had a valid train ticket on the day she got busted, she just couldn't find it in her purse when the inspector asked to see it. She found it later that day when she got home, and since used it as evidence. So she shouldn't have even got the train ticket fine/loss of licence in the first place. But one of the stupid things she did was just ignore it and refuse to pay the fine instead of taking it to court.

[Guest INASNT]

Originally posted by JimX

INASNT, definitely. The ridiculousness of the train ticket incident is the main reason she got off almost everything else, because she finally got a judge who had common sense. The ones she had previously were like "you broke the law and now you must pay the penalty".

The "funniest" thing about the whole situation is that she had a valid train ticket on the day she got busted, she just couldn't find it in her purse when the inspector asked to see it. She found it later that day when she got home, and since used it as evidence. So she shouldn't have even got the train ticket fine/loss of licence in the first place. But one of the stupid things she did was just ignore it and refuse to pay the fine instead of taking it to court.

a judge or cop with common sense??? far thats 1 in million chance happening here in australia!! she lucky!!

[siksII]

*im scared*

hopefully ill get a magistrate who has the ability to feel sorry for someone!

The system is pretty lame when things like that are allowed to happen...

But the thing with the train ticket was, it was so stupid and small to start with... with me, its a bigger thing, imean with the whole *speed kills* line being fed to the community at large....

[floody]

I will still condemn you for taking this to court. You know you were speeding, you know the reading was accurate, and you want to go to court so you can get out of it.

If the magistrate is remotely lenient on this one they should be struck off. 56kmh over, due to your own carelessness, and you think you should get off. If they feel "sorry" for you, they are a moron.

I just don't know what goes on in peoples brains. If you had a legit reason to get off, I'd say fight it, or even if it was a lesser offence. But 56kmh over, in a 50 zone? get real.

Whatever you do, don't use legal aid if you take this to court, you'd waste enough taxpayers money just with employing the court staff for your blatantly FRIVOLOUS case.

I hope you lose.

cheers,

Floody.

[siksII]

The main thing is i dont have the $$ for it, and i see that other people in similar situations have recieved reductions. If others can, then why cant i?

Im sure there is a large chance of losing, ill post details either way, u may be a happy man in a few months.

In the meantime, as i have said before, take your views elsewhere, they are useless to me, and i dont think anyone else gives a sh*t what u say about my case anyway

ps. I would rather pay for legal help than scam it, i think i can afford $500 for a solicitor, just not $1559 for a fine, so i wont be wasting taxpayers money in terms of legal aid.

[JimX]

I condemn floody's condemnation!

[Guest INASNT]

floody

I hope u never need any ones help on here EVER cause with shit comments like that no1 would piss of u if u were on fire.

The court is there so u can fight the system, most cops use 'i estimated their speed' when most of them r high school drop outs or bums who couldnt find any other job. They couldnt estimate the size of their dicks with a microscope