VIC High range .202 - I've made a huge mistake.

auDave · 27 February 2020

Hi all,

So I was pulled over 2 days ago and returned a reading of .202. Driving was a stupid decision and I can't stop thinking about what I've done. I'm worried about the penalties.

I haven't been charged with any serious offenses for over 10 years, which is why I'm so disappointed in myself.

I have a spinal condition called ankylosing spondylitis, which has affected my mental health over the years. I have pretty severe anxiety and over the years chose to self medicate which gave me a high tolerance for alcohol. I haven't drank anything since the offence and made an appointment to see my doctor and get a referral for counseling.

What else can I do to show the magistrate I'm trying to change and rehabilitate myself?

All this being said, what are my chances of going to prison? I'm not a violent person and defending myself in prison will be difficult due to my back problems.

Thank you for your time.

Adam1user · 27 February 2020

I am not a lawye

auDave said:
Hi all,

So I was pulled over 2 days ago and returned a reading of .202. Driving was a stupid decision and I can't stop thinking about what I've done. I'm worried about the penalties.

I haven't been charged with any serious offenses for over 10 years, which is why I'm so disappointed in myself.

I have a spinal condition called ankylosing spondylitis, which has affected my mental health over the years. I have pretty severe anxiety and over the years chose to self medicate which gave me a high tolerance for alcohol. I haven't drank anything since the offence and made an appointment to see my doctor and get a referral for counseling.

What else can I do to show the magistrate I'm trying to change and rehabilitate myself?

All this being said, what are my chances of going to prison? I'm not a violent person and defending myself in prison will be difficult due to my back problems.

Thank you for your time.

I am not a lawyer and this is from my understanding, first, speeding, red light and drink driving infringements are a big no-no in court, magistrates/judges strongly dislike these and are not easy on them, so if you don't have strong reason, most properly the infringement will stand and you will pay additionally the court fees, in your situation, if you are able to prove that, by getting reports from doctors etc,,, and having a clean record, it may help. I don't think you will get off, they may decrease the infringement, but I doubt that. I don't think that you will go to prison for this (as no one was harmed by this) so if will be financially and maybe disqualification for the licence (maybe for a period of time). Again, this is from my understanding and I am not a lawyer.

Tony Danos · 27 February 2020

Having done many of these cases you should not be gaoled.

auDave · 28 February 2020

Hi and thank you for your responses, I have one more question. The only paperwork I received was impounding notice and notice of suspension. I don't have anything saying I'm on bail or anything about bail conditions. Am I on bail? Does this mean I can't travel? Thanks again.

sammy01 · 29 February 2020

I'm in NSW...
You're free to do anything (but drive).

I have a mate in NSW - a school teacher with a clean record (pretty much - maybe a speeding fine here or there). Anyways, he got done high range.... He got 6 months off the road and a 2 year interlock period. An interlock is a device you blow in and if you're over .02 the car wont start. I believe VIC has similar laws.

You're not going to jail and you're free to travel over seas. Just don't miss that court date.

auDave · 29 February 2020

sammy01 said:
I'm in NSW...
You're free to do anything (but drive).

I have a mate in NSW - a school teacher with a clean record (pretty much - maybe a speeding fine here or there). Anyways, he got done high range.... He got 6 months off the road and a 2 year interlock period. An interlock is a device you blow in and if you're over .02 the car wont start. I believe VIC has similar laws.

You're not going to jail and you're free to travel over seas. Just don't miss that court date.

Hi Sammy,

Strangely enough, I asked the police officer when I was returned to my car to grab stuff out of it if I could travel overseas due to planned holiday and he said yes I could. I didn't receive any bail papers, but I had to make sure anyway, be quite embarrassing going all the way to Vietnam to have to be sent back again and remanded. My holiday is in April for 17 days and hoping the summons doesn't arrive before I get back. I was told summons will take 10 weeks and up to 6 months, if it takes 10 weeks, I'll be gone and back well and truly in time.

Does anyone know, how long typically a court case is after a summons arrives? Surely they give a bit of time?

Thanks.

Adam1user · 29 February 2020

auDave said:
Hi Sammy,

Strangely enough, I asked the police officer when I was returned to my car to grab stuff out of it if I could travel overseas due to planned holiday and he said yes I could. I didn't receive any bail papers, but I had to make sure anyway, be quite embarrassing going all the way to Vietnam to have to be sent back again and remanded. My holiday is in April for 17 days and hoping the summons doesn't arrive before I get back. I was told summons will take 10 weeks and up to 6 months, if it takes 10 weeks, I'll be gone and back well and truly in time.

Does anyone know, how long typically a court case is after a summons arrives? Surely they give a bit of time?

Thanks.

If you know in which court you will be in, go to the court and talk to the staff there, they would provide you with the information to your situation: to be able to bring it forward or delay the court hearing. You can stay in contact with them even if you are overseas. I had a traffic infringement and that is what I did and they were helpful. When you go take with you supporting document for the travels and your driving record, for example, they may not ask for it, but to be in the safe side.
Good luck.

auDave · 29 February 2020

What happens if I am caught drink driving?

Hello again,

So I just found this? Should I speak with a local police station and ask? Will they know if I signed bail? I was fairly intoxicated and can't remember if I signed it or not. But I definitely didn't receive a copy if I did and asking a the police officer and him saying I could travel overseas (more of a nod and a yes). Just trying to do the right thing and don't want to get into any further trouble.

Thanks again and sorry for all the questions.

Maybe I'll go down to the police station and inquire about it on Monday, just to be safe and sure before I go.

sammy01 · 29 February 2020

good idea to go to the local cop shop. Have a chat and get back to us and tell us how you go.

Adam1user · 29 February 2020

auDave said:
What happens if I am caught drink driving?

Hello again,

So I just found this? Should I speak with a local police station and ask? Will they know if I signed bail? I was fairly intoxicated and can't remember if I signed it or not. But I definitely didn't receive a copy if I did and asking a the police officer and him saying I could travel overseas (more of a nod and a yes). Just trying to do the right thing and don't want to get into any further trouble.

Thanks again and sorry for all the questions.

Maybe I'll go down to the police station and inquire about it on Monday, just to be safe and sure before I go.

I'm not a lawyer, police don't issue bail, that is from the court (I'm sure someone will correct me it I'm wrong), if the police wanted to stop you, they would have, they would not let you go, now it is out of the police process, it is now started with the court, if you object in court, then they would call the police officers that booked you. So now you have to find out which court you will be in and do I recommended.
That is what I would do.

Search

VIC High range .202 - I've made a huge mistake.

auDave

Active Member

Adam1user

Well-Known Member

Tony Danos

Lawyer

auDave

Active Member

sammy01

Well-Known Member

auDave

Active Member

Adam1user

Well-Known Member

auDave

Active Member

sammy01

Well-Known Member

Adam1user

Well-Known Member

Similar threads