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WA Backpacker with Drink Driving Offence - Can I Leave Australia?

Discussion in 'Traffic Law Forum' started by Dimitrij Stele, 20 September 2016.

  1. Dimitrij Stele

    Dimitrij Stele Active Member

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    Hello, I am after some help for a current legal situation.

    I am a backpacker from Germany, currently on a bridging visa after not obtaining a second year visa for 11 months. I committed the offence of drink driving on 4th of May this year and failed to appear to in the magistrates court.

    I need to sort this mess out as soon as possible as my dad has become ill back home and may not have long to live. What are my best options from here?

    Will it take a long time to leave the country given my obligation for repercussions?
     
  2. DMQC

    DMQC Well-Known Member

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    You should be able to depart without much trouble, however, if you ever choose to come back to Australia you might have some issues. What State did you get charged for drink driving? Is it different to the State which you would depart Australia to return home?
     
  3. Dimitrij Stele

    Dimitrij Stele Active Member

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    So you think I can just buy a ticket and fly home without getting arrested in the airport on the passport control?
     
  4. Dimitrij Stele

    Dimitrij Stele Active Member

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    Hello,

    I committed the offence of drink driving (FA) in WA on 4th of May this year and failed to appear to in the magistrates court. The police wanted to pick me up on the old house. I was not there so now here I am, wanting to go back to Germany.

    Here my question : am I gonna be arrested on the airport or is it possible to leave the country on some other way, maybe another state?
     
  5. DMQC

    DMQC Well-Known Member

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    Yes, I doubt there is a warrant for your arrest. Generally, if you don't show, the matter is heard in your absence, for a first-time drink-driving charge, you may receive a fine (you cannot lose your licence since you do not hold an Australian licence I presume).

    If I were you and I did not want to call/visit a police station to find out what happened, I would depart from a different State than the one which I was charged for drink driving. I say this because drink driving is not a federal crime and therefore you would be less likely to be stopped in a different state than the one which you were found guilty.
     
  6. Dimitrij Stele

    Dimitrij Stele Active Member

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    Thank you very much for your help!

    How sure can I be to leave from the state where it happened ?

    Is it possible to leave Australia with a warrant for missing a court day for drink driving?
     
  7. DMQC

    DMQC Well-Known Member

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    Well, you could always check what came of the court hearing and see what penalty you got (it will be a fine), setup a payment arrangement of $10 per week and then you will be able to board your flight with no trouble whatsoever. You might struggle to get a visa in future but at least you can leave without any problems.
     
  8. Dimitrij Stele

    Dimitrij Stele Active Member

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    Thanks a lot for your help again! And here some more info I forgot to mention.

    I overstayed my visa by 11 Months and I went to the immigration to sort it out and the nice women checked me in the immigration server and gave me a bridging visa.

    Don't you think that she would have seen somehow that there is a warrant out for me? I mean, when the police didn't find me after, I didn't appear in court. They have to been checking on me in the immigration or something cause they knew I am a backpacker.
     

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