Mate caught DUI

Ex Warrior 7 March 2011 35

Any legals out there?

Mate caught DUI .220 Sat night. Previous history – 3 previous convictions more than 10 yrs ago.

I’m thinking fine up to $2,200 and /or 12 months slammer, and no chance of workers lic as high range?

Does the spent convictions ruling mean the 3 previous convictions will be ignored?

Guesses on punishment welcome!


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Ozi Ozi 11:21 am 11 Mar 11

Tooks said :

fluey said :

vandam said :

He wont be charged as a repeat offender (more than once in the last 5 years or due to the new legislation any previous dui after Dec 1)

I’m pretty sure that because of the new legislation, he WILL be charged as a repeat offender.

No he won’t.

Correct: he will be charged as a first offender as previous offences were greater than 5 years ago. However, his criminal record including past drink driving offences is taken into account when sentencing him, and should logically lead to a harsher sentence.

On a related note, maybe find some intelligent friends. Your mate isn’t too bright..

Lefty Lefty 10:13 am 11 Mar 11

Don’t drink and drive…..what part of those four words don’t people understand? It’s usually the innocent drivers that get hit from these idiots – like me. I got hit by a guy who was .221

Make them go out to a few of the organisations out there and work there for a week assisting the people that are disabled from drunk drivers…….good wake up call!!!!

cleo cleo 3:10 am 11 Mar 11

I knew someone like that, who was charged drink driving and speeding away from police in his youth and mid thirties, he hadn’t been caught drink driving for ten years, and didn’t have a licence either, well he finally got caught drink driving again, don’t know what the outcome was, I think he may have got off, he deserved to be locked up, the moron!

Tooks Tooks 8:33 pm 10 Mar 11

fluey said :

vandam said :

He wont be charged as a repeat offender (more than once in the last 5 years or due to the new legislation any previous dui after Dec 1)

I’m pretty sure that because of the new legislation, he WILL be charged as a repeat offender.

No he won’t.

Lazy I Lazy I 9:55 am 09 Mar 11

dvaey said :

Chances are a ‘street racer’ car has been set up for racing. A car driven by someone under the influence probably hasnt been modified for that purpose.

Would love to know what relevance this has? I would also suggest you look at the kind of cars that get impounded for ‘hooning’ and ‘street racing’.

If a car is legally modified what difference does it make how it has been setup? are you suggesting that if it has performance modifications (or is a performance tuned car from factory) that the person should have their car impounded because it somehow shows intent to break the law?

dvaey said :

Also, impounding a car is fine if the owner is the one driving, otherwise its hardly fair to the owner. Should we also charge the parents of drink-drivers with DUI, just so they ‘learn a lesson’?

You do realise that cars are impounded for ‘hooning’ no matter who is driving them right? In fact there was a case in Perth not too long ago where a Doctor’s Lamborghini was impounded (for 28 days) because the mechanic he had left it with was caught speeding in it.. so why are drunks behind the wheel a special case?

fluey fluey 11:18 pm 08 Mar 11

vandam said :

He wont be charged as a repeat offender (more than once in the last 5 years or due to the new legislation any previous dui after Dec 1)

I’m pretty sure that because of the new legislation, he WILL be charged as a repeat offender.

He probably will have his license automatically suspended by the police too (if not already) because he was more than 0.05 over the legal limit..

vandam vandam 8:55 pm 07 Mar 11

He wont be charged as a repeat offender (more than once in the last 5 years or due to the new legislation any previous dui after Dec 1)

In sentencing all priors will be considered regardless of how long ago they happened. They always order a pre sentence report.

To be honest like a lot of others have said on here, it’s probably about time he spent some time at Hume. Next time he might kill someone.

dvaey dvaey 8:35 pm 07 Mar 11

Lazy I said :

If someone is accused of street racing (often down to someone’s word) their car is locked up/impounded and everyone cries that it needs to be crushed to ‘teach them a lesson’.

Why is this never suggested for a drink drivers’ car? Especially for repeat offenders on their 4th conviction?

Chances are a ‘street racer’ car has been set up for racing. A car driven by someone under the influence probably hasnt been modified for that purpose. Also, impounding a car is fine if the owner is the one driving, otherwise its hardly fair to the owner. Should we also charge the parents of drink-drivers with DUI, just so they ‘learn a lesson’?

Lazy I said :

Do drink drivers even get their cars impounded? They don’t seem to be short on transport leaving the court room.

They do at the time of the offence, Ive picked up a couple of mates from the city station in my younger days after they got bailed.

M Rose M Rose 7:24 pm 07 Mar 11

Legal Aid: http://www.legalaidact.org.au/

or (though considering his offence was 10 years ago he’s probably out of this age range)

ACT Youth Law Centre: http://www.youthlawact.org.au/

Punter Punter 3:24 pm 07 Mar 11

Repeat offender or not, at .220 your ‘mate’ is a doodle.

KeepItReal KeepItReal 3:20 pm 07 Mar 11

EvanJames said :

shadow boxer said :

I’m pretty sure the prosecution is not allowed to bring up spent convictions

Yes, but I bet it is considered during sentencing.

Yes they can bring them up dude. And they should. (As long as they weren’t committed as a juvenile)

Holden Caulfield Holden Caulfield 3:13 pm 07 Mar 11

Lazy I said :

If someone is accused of street racing (often down to someone’s word) their car is locked up/impounded and everyone cries that it needs to be crushed to ‘teach them a lesson’.

Why is this never suggested for a drink drivers’ car? Especially for repeat offenders on their 4th conviction?

Do drink drivers even get their cars impounded? They don’t seem to be short on transport leaving the court room.

Yeah, but only speed kills. That’s why they leave DUIs to keep their cars. They can’t hurt anyone else.

Well, unless they’re speeding, of course.

Virgo1972 Virgo1972 2:34 pm 07 Mar 11

You’re gonna need a lawyer son… you’re need a real good one..

Hosinator Hosinator 2:24 pm 07 Mar 11

Stevian said :

Lock him up and throw away the key.

Too expensive, just shoot him and be done with it.

georgesgenitals georgesgenitals 2:20 pm 07 Mar 11

My guess is a fine of $1500, license disqualification for 2 years, compulsory drink driving awareness course.

boobook boobook 2:02 pm 07 Mar 11

Ex Warrior said :

Any other estimates on punishments for the lad?

Um, tell him to get a MyWay card. It’s a long walk to weekend detention.

shadow boxer shadow boxer 1:56 pm 07 Mar 11

EvanJames said :

shadow boxer said :

I’m pretty sure the prosecution is not allowed to bring up spent convictions

Yes, but I bet it is considered during sentencing.

I don’t think so, the judge is unaware of it and the prosecution is not allowed to mention it when the judge asks for priors. I may be wrong though

Pommy bastard Pommy bastard 1:55 pm 07 Mar 11

Get the best solicitor he can afford, one who specialises in getting drunk drivers off their charges, (look for the missing umlat.) Hopefully then he’ll get off scot free, and on leaving the court…

…get run down by a drunk driver….

Lazy I Lazy I 1:51 pm 07 Mar 11

If someone is accused of street racing (often down to someone’s word) their car is locked up/impounded and everyone cries that it needs to be crushed to ‘teach them a lesson’.

Why is this never suggested for a drink drivers’ car? Especially for repeat offenders on their 4th conviction?

Do drink drivers even get their cars impounded? They don’t seem to be short on transport leaving the court room.

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