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

  • revo on 08/05/2018 - 22:06
    +2

    Actually getting caught for DUI is cheap compared to taking a life(s).
    Sorry I'm not able to give the advice you might want to hear, but count yourself lucky. Accept that you have done wrong this time and don't do it again.
    Wish you the best in the future. Good luck.

  • stickyfingers on 08/05/2018 - 23:40
    +1

    As far as I'm concerned the alcohol tolerance is there in case you've had a drink earlier in the day or eaten food with traces of alcohol. Not for you to be able to have a drink with the intention to drive.
    So many people stupidly and selfishly play the limit.

    If you drink. Don't drive.

    • thord on 09/05/2018 - 14:03
      +1

      Alcohol is not some magical substance, if you have a single drink you don't suddenly become an invalid behind the wheel.

      The limit is set conservatively, partially to allow for people to have a drink with dinner, and partially because there's no danger but it's better to be cautious as every individual is different. Many people could likely drive very safely up to 0.08, but it'd be stupid to set the limit at "the limit". 0.05 gives a large leeway for regular people to remain well within a safe range whilst also accounting for the outliers and the unusual cases where alcohol has a greater effect (smaller people, women, low body mass, etc.)

  • Strahany on 09/05/2018 - 00:08

    I don't see why people complain when they're "a little bit over". Driving with anything [measurably] over 0.00 is driving in an impaired state, even if only slightly. The BAC limit of 0.05 is a limit that has been established to balance the elimination of practically impaired drivers from the road, and providing a safe limit within which people are allowed to drink yet still drive.

    If the limit was 0.00, then that would (by the logic of the 0.05 law, which seems solid) be worse since you will get individuals with the attitude of "well, I'm already over the limit with these couple drinks, so I may as well keep going", as opposed to the current aim of "I've only had a couple - if I slow down/stop now then I can still enjoy myself and drive home". Giving people the ability to drive relatively unimpaired in order to prevent the 'in for a penny, in for a pound' approach should safer overall, however it should be stressed that being 'a little bit over' 0.05 is not an indication of being a little bit unsafe; it's pushing it (for most people; everyone reacts differently). Granted, there is scaling in terms of low/mid/high range, but I don't think anyone who would genuinely consider driving in an impaired state would have enough reasoning capacity (sober or otherwise) to take this into account.

    Which, on a side note, is why I expect mobile phone laws will be modified in the future. If someone continues to use their phone behind the wheel after the long standing campaigns, then they will seemingly continue to do so no matter what. These people are stupid, but not stupid enough to fail to realise that you are more likely to be caught if using your phone whilst stationary as opposed to whilst moving (since a nearby Police officer, for example, would have more difficulty spotting such use in a moving vehicle). As such, and not unlike a system whereby the BAC limit is 0.00, the laws counteractively encourage more dangerous behaviour in these individuals - the punishment scares them away from using their phone when they might get caught and pushes them to use it in more dangerous situations that provide more elusive use. Offering a 'safe' compromise will probably eventuate at some point - harsh penalties for clearly unsafe use, AKA whilst moving (similar to over 0.05 BAC) whilst cleared for usage whilst relatively safe, AKA whilst stationary (similar to being under 0.05 BAC). Whilst these people aren't the brightest sparks, they would see the logic of waiting 30 seconds to a couple of minutes before using their phone legally at a stop light, rather than illegally (and dangerously, albeit I doubt this enters their thought process at all) whilst moving.

    • bobbified on 09/05/2018 - 19:42

      Driving with anything [measurably] over 0.00 is driving in an impaired state, even if only slightly.

      There are many things that can impair a person's driving ability. Stress, lack of sleep, tiredness, depression, etc.

      Some of these are worse than DUI, and there's lots of people who drive under those conditions.

      The guy behind the wheel after not sleeping the night before would probably have an equal to or higher risk than someone with a BAC of 0.10, yet no-one blinks an eye.

      The only thing that makes DUI so bad is, it's measurable and proveable.

      • [Deactivated] on 11/05/2018 - 17:00
        +1

        The only thing that makes DUI so bad is, it's measurable and proveable taxable fineable reprimandable.

  • belongsinforums on 09/05/2018 - 00:18

    Go to court ON TIME and prepared. Dress nice (suit). Act remorseful. Own your mistake. You'll likely get a suspension and eventually get your license back. There may be a way to get a provisional license if you can prove that you need it for work to take care of your family.

  • theguru1 on 09/05/2018 - 07:09

    Certainly speak to a lawyer, but, most courts these days have mandatory penalties and aren't at the discretion of the Judge.

    Plan how you are going to cope with the penalty and if you don't want to be in this situation again, look at how you can drink and not drive.

  • tabitha731 on 09/05/2018 - 08:16

    $2200 is a bargain for a lawyer, considering they are defending a guilty party! get yourself a damned good lawyer if you expect to try to get off scott free using your excuse of " but i have a great past driving record" i.e i haven't been caught the other times i have been drink driving!

  • HeWhoKnows on 09/05/2018 - 08:20

    Its not about the amount of the fine or the cost of the lawyer.
    Its about the license suspension time and how long you can be without a license.
    A lawyer can help reduce the suspension time and also the fine but it will cost!!!!
    Up to you to decide if its worth it - not us

  • sleet on 09/05/2018 - 08:52
    +2

    After reading your comments, it seems like you've come to understand why it is important not to drink and drive. I hope others follow your example and realise they are endangering others including themselves.

    I cannot wait for cameras to check people on phones as well. The number of people driving like they are drunk because they can't wait 10 minutes to reply to a text is ridiculous.

    All the best anyway Jason!

  • bs0 on 09/05/2018 - 09:30
    +1

    OP, what and how much did you drink? Over how many hours? Be honest, 0.11 is high.

  • [Deactivated] on 09/05/2018 - 10:38

    Will this affect your career at all?

  • mezje on 09/05/2018 - 11:04

    I hope you lose your license for a long time and cop the full force of the law.

    Drink driving is unbelievably stupid and 0.11 / 0.08 are not low readings. Maybe next time think about the people you could have killed before getting behind the wheel drunk.

  • Stevek1960 on 09/05/2018 - 11:09
    +2

    Go in plead guilty and get $1000 fine and 6 or 12 months no license Total=$1000
    Take a lawyer $2500 in plead guilty $1000 fine 6 or 12 months no license Total=$3500

    your choice

  • belongsinforums on 09/05/2018 - 11:52

    while a lawyer might be beneficial for you in reducing your disqualification, the magistrate will appreciate it if you don't waste the court's time and just plead guilty (assuming that the evidence is solid and the police show up). if you don't lawyer up, become extremely knowledgeable about the law you are accused of breaking and the court process. if you've never been to court, you can go to the law courts and watch most trials and cases for free. theres heaps of information about courts in the form of booklets online for free. chat to legal-aid. if you're a member of a union, you can get free legal advice, too.

  • stingyashell on 09/05/2018 - 12:03

    my friend was on .06 n lost his licence for one month.

  • dlakers3peat on 09/05/2018 - 12:38

    Look up section 10 bond. That's the best outcome and probably what they will do.

  • cashless on 09/05/2018 - 13:32
    -3

    I was caught driving under the influence of alchohol

    You lost my sympathy right there

    • Talonparty on 09/05/2018 - 21:47
      +3

      Great contribution. I was just thinking there wasn't enough sanctimonious posturing and far too much actual advice. Thanks for your valuable input.

  • U4333439 on 09/05/2018 - 18:22
    +1

    I had a DUI of 0.063 when i was 21ish.
    I self represented as i felt you have limited options regardless. I attended a free legal aid seminar which provided some advice before hand. E.g write a letter to the magistrate to tell your story ;apply for a special license permit if required for your job;etc. List my licence for 3 months;git a probationary licence for work only and a $1k fine.

    My feeling was that your age (good driving history) is the biggest factor. Lady before me was significantly higher range, but had 10+ years good driving. No benefit of the doubt for young male drivers ;) If you have a few years under your belt, it may be worth a lawyer to get some additional help, if young - assume you'll lose your licence regardless and do it yourself to limit costs.

    Don't #uck up again. After 10+ years with no issues, my criminal conviction is now… Expunged… And i no longer need to disclose. Was an eye opener I'm grateful for as it helped amend a slightly carefree attitude before anyone got hurt.

    • RocketSwitch on 10/05/2018 - 10:19

      I think most good people would be in your shoes, have a carefree attitude, they may have had a lapse in judgement for whatever reason and then did something that got them in trouble.

      Pain in learning.

      Shouldn't be killed and nailed to a post though, we're human after all.

  • [Deactivated] on 09/05/2018 - 20:58
    +1

    Use the duty lawyer they are provided by legal aid and cost $10 (in WA at least ), you just see them at the court on the day.

    I doubt there is much point spending $2200 on a lawyer, but you should offer up that you are a good person and this is out of character for you and you have never done it before and will never do it again. These things do make a difference.

  • Geryatric on 09/05/2018 - 21:23

    First offense
    Low range: $1100 + 3 months disqualification.
    Mid range: $2200 + 6-12 months disqualification
    High range: $3300 + 6-9 months disqualification + 24 months Interlock

  • zeppeybabey on 09/05/2018 - 21:32
    +12

    Hi OP, sorry to see you're in this situation. Having to go to Court is never a fun experience for most people.

    I'm a lawyer and have represented hundreds of people in relation to driving offences.

    Contrary to most other comments thus far, I strongly suggest that you go and engage the services of a lawyer who specialises in traffic/driving offences. I think that a $2K fee for a lawyer is not unreasonable. For your matter, it will most likely require a minimum of two Court attendances: the first one being the "Mention", followed by another date for your "Sentence". In your case, if time permits I'd suggest you enrole into the Traffic Offenders Program (TOP) which is a Court-recognised course run by the local community. It goes for a 6-7 weeks, at completion you get a Certificate which can be tendered at your sentencing hearing.

    Your lawyer will be attending with you on each occasion. For drink driving offences, the role of a lawyer is not to fight/contest the charge, but to mitigate the punishment that you will get. With a lawyer, you wont be required to do any talking, you just need to sit there. If anything, it makes the Court days less stressful and easier on you. The daily lists at each Local Court is chockers, there are dozens of matters each day, and in the bigger Courts (eg Downing Centre, Burwood Local Court, Bankstown…) there can be hundreds of matters listed each day. The Magistrate will hear all the matters where people are represented first, whilst those unrepresented people will be left sitting in the gallery for hours waiting… Further, experienced lawyers will know what a particular Magistrate likes to hear and what should be said and what should be left out.

    Things in your favour: first driving offence, and assuming your antecedents (ie "criminal history") is clean then that is a good starting point for the presiding local court Magistrate to look at. Your reading of 0.08 is at the very low end of the mid-range spectrum. A little bit less and you would have been charged with low range (instead of mid range).

    It would be very hard for you to get a Section 10 dismissal for mid range. They are generally tougher these days, compared to say 5 years ago. If your reading had been 0.05/0.06 etc, then the prospect of a Sec 10 would increase.

    Other mitigating factors the Court will look at (your criminal history being the most important one) will include: you pleaded guilty at the first available opportunity, what job you do (eg if you drive for a living, eg truckie, courier, van, postie then they do take that into account), your social/community ties, personal references, the likelihood of re-offending.

    Ignore what others have suggested re seeing Legal Aid NSW and/or the on site Duty Lawyer (who is Legal Aid anyway). I am not sure for other states, but in NSW Legal Aid does not do any traffic matters.

    Seems like you do feel genuine remorse, just be thankful nobody was seriously hurt or injured.

    All the best mate.

  • JimmyF on 09/05/2018 - 22:24
    +3

    I was caught driving under the influence of alchohol by an undercover cop.

    undercover or not, you had been drink driving. I for one am happy they booked you and took your licence off you.

    • syousef on 10/05/2018 - 09:23

      Don't know why this was down modded. My guess is there are more @#$%wits on OzB that shouldn't have a license.

      • JimmyF on 10/05/2018 - 10:26
        +3

        Thanks! I find it funny the OP says 'undercover cop' like it was some entrapment. The simple fact was, they had been drink driving, at a 0.08+ level. Clearly, this police officer had reason to pull them over, maybe their driving wasn't as good as they thought ;)

        People who support this kind of behaviour are @#$%wits as you would put it!

        • thord on 10/05/2018 - 13:50
          +4

          "People who support this kind of behaviour are @#$%wits as you would put it!"

          Nobody is supporting the behaviour of OP drunk driving, people are simply rallying against all the sanctimonious arseholes here who aren't bothering to help OP in his situation or to provide advice, but are essentially writing variants of "haha (profanity) you".

          It's pathetic behaviour and it's incredibly common, but people really don't like being called out for it.

        • JimmyF on 10/05/2018 - 23:21

          @thord: By helping them get off, you are 'supporting' what they are doing as right.

        • thord on 11/05/2018 - 10:18
          -1

          @JimmyF:

          I'm pretty sure ozbargain comment tips are not going to "trick" a judge into "letting them off"

  • LSGH on 10/05/2018 - 08:28
    +6

    I am not at all siding with him, but OP is not arguing why he was booked. He is simply asking if the lawyers fees are worth it.

  • [Deactivated] on 10/05/2018 - 09:01

    In the UK you cannot be breathalised by plain clothed cops, nor can you be 'random' breathalised.
    However, if you are caught the penalties are much higher.

  • syousef on 10/05/2018 - 09:23
    +1

    Advice? Don't @#$%ing drink and drive. Be thankful you didn't kill or mame yourself or someone else. Any consequences you'll face is gravy in comparison.

  • Cyphar on 10/05/2018 - 10:15

    It wasnt extreme but they measured me at 0.011

    Were you high as well? That seems pretty extreme to me!

    • Micko179 on 10/05/2018 - 10:24

      .011 is low, very low!

      • JimmyF on 10/05/2018 - 10:27
        +1

        I think the OP meant to write .11 as it came DOWN to .08.

        • Cyphar on 10/05/2018 - 20:45
          +1

          Yep, that's how I interpreted it too

  • Micko179 on 10/05/2018 - 10:23

    I have been guilty of DUI twice many years ago in my 30 years of driving (both times borderline due to cutting it too fine with the recommended drinks per hour etc) & the first time was caught speeding (the motorbike cop with a radar at the 'bottom of the hill' trick) first fine was $1000 & 6 months which included the speeding offence & the second time many years later was $300 fine & 1 month.

    Edit: forgot to add the reason I posted, first offence I'd cop it on the chin, as a solicitor isn't going to do Jack shite in changing the outcome of the Courts, they will affect your bank balance though!

    What will actually help is a letter from your Employer, stating that your Employment will be affected with loss of Licence(if you need it for work) etc & get paperwork ready for a 'work' licence application on the day.

  • grr1701 on 10/05/2018 - 13:38

    I assume you mean that you blew 0.11 not 0.011 as you said in your post? Otherwise, you wouldn’t have been taken to the station for a second test. At 0.11 BAC, statistically, you are more than 6.4 times more likely to cause/be involved in an accident than when you’re sober. At 0.05, the increase is only 1.4 times the risk. THIS is why the legal limit was lowered from 0.08 to 0.05. You were more than double the legal limit when stopped; you haven’t put yourself in a good place, and the rest of the road users in a worse place.

  • freemoneyhunter on 10/05/2018 - 16:30

    Hi Jason, sorry it happened to you, I hope the court goes nice on you.

  • Hirolol on 10/05/2018 - 18:57
    +1

    Pray to jebus that you don’t get an interlocker.

    Also, “only a little bit over? You bloody idiot.” (No personal attack intended)

  • Oliver on 10/05/2018 - 20:56

    "0.011"

    That's under the limit. Do you know how decimals work?

    point o 11 is smaller than point o 8

    • R-Man on 10/05/2018 - 21:56
      +1

      Glad someone finally mentioned this

      • [Deactivated] on 12/05/2018 - 09:31

        Picklewizard mentioned it on 8th May.

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