7 March 2011

Mate caught DUI

| Ex Warrior
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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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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..

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!!!!

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!

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.

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?

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..

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.

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.

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/

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

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 Caulfield3:13 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.

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

Stevian said :

Lock him up and throw away the key.

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

georgesgenitals2:20 pm 07 Mar 11

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

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 boxer1:56 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 bastard1:55 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….

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.

Ex Warrior said :

Any other estimates on punishments for the lad?

He’s sent to a slave labour camp to help construct a pyramid for Pharaoh Stanhope?

shadow boxer said :

… spent convictions …
Tell your mate not to mention them himself in court though as they are then fair game.

+1, and

Remorse is the key. That, and an early guilty plea, is how a judge is persuaded that the offender is not a complete ar$ehat. Your mate would do well to be giving serious thought to some acts of contrition he would be willing to offer up, as concrete demonstrations of remorse.

Yeh i dunno how he was going behind the wheel. He didn’t crash it was a random station set up.
I know from experience on Sat night that riding a bike isnt that easy after a couple of stubbies either.

i looked into the spent convictions and if 2 offences were proven its 10yrs however if 3 or more its 20 years so big trouble.

Any other estimates on punishments for the lad?

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.

shadow boxer1:25 pm 07 Mar 11

I’m pretty sure the prosecution is not allowed to bring up spent convictions (although this may have recently changed).

Tell your mate not to mention them himself in court though as they are then fair game.

Grade A idiot. No idea how he/she could even be driving with that level of alcohol in their system.

Cops should be allowed to just bin ppl like that. Useless excuse for a human being, complete disregard for rest of the community.

Good behaviour bond and a “stern” warning he hasn’t killed anyone yet.

It’s tossers like this that make it horrible for everyone else on the road who obeys the rules.

Lock the bastard up

My guess is the punishment isn’t going to be near good enough. Previous punishments for previous DUIs hasn’t been enough to sink into the head that it’s wrong.

screaming banshee12:49 pm 07 Mar 11

Guesses on punishment welcome!
I don’t know about the courts, but his mates should be giving him an uppercut or two. 10 yrs since last conviction just means he hasn’t been caught.

Lock him up and throw away the key.

“spent” convictions aren’t really spent… they don’t disapear. As anyone who has gone for a security clearance knows, they sit there til the day you die. So if they’re accessible to the security clearance people, I’d imagine they’re relevant in cases like this, showing recidivism.

punishment in canberra? did he murder someone? walk free…

4th dui? hopefully thrown roughly to the ground. or book thrown, one or t’other… could, and might argue with high range, should, get time… sorry.

I’m not a legal type, but have some experience in the area. While the three priors from 10 years ago are unlikely to be considered, that doesn’t neccessarily mean they won’t be, er, ‘persuasive’.

.22? Operating a motor vehicle while .22? Here’s hoping your mate gets a $2,200 fine, a licence cancellation for 12 months with no work concession and maybe a brief respite at the Hume Hilton at an absolute minimum. I do hope he understands what a level three accredited (with epilates) tosser he is?

Depends. If his name’s Todd Carney then the only punishment will be admitting he’s probably really on his last warning this time…

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