ACT Drink Driving - Can Charges be Dropped?

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Jordan

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7 February 2018
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12 months ago, in a suicide attempt, I crashed my car (unregistered at the time). I was later picked up by the police and breath tested and blew 0.2 bac. I was taken to the police station and breath tested again and they took my drivers licence on the spot (90 day suspension).

Officers were not being the nicest of people, then I got a little bit aggressive and they held me onto the floor till paramedics came and sedated me. Spent 3 weeks in the psych ward then got out. 3 months passed I got my drivers licence back and haven't heard anything further. I haven't been charged, no fines, haven't been to court. Nothing!

I am unsure of what the go is. How long does it take for them to give me a summons? Can charges of drink driving be dropped if left for too long? Have I been forgotten about?
 

Rod

Lawyer
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27 May 2014
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How long does it take for them to give me a summons? Can charges of drink driving be dropped if left for too long? Have I been forgotten about?
Not sure about ACT. In Vic they have up to 12 months, unless they request and obtain an extension.
Yes. See first answer.
You'd have to ask them! Would probably bring your name back to the top of the intray, don't recommend you ask.

Think yourself lucky they haven't mandated a psych test as a condition before giving your licence.

Anyway, hope you are much improved.
 

Adam1user

Well-Known Member
5 January 2018
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hi, sorry to hear you went through bad times, I hope things are better now.
In the law there are infringements that are classified as highly dangerous: red light, speeding and drink driving, so I don't think that that you will be out of it easily. Did the police know you were in a bad situation? (or were trying to commit suicide?)
The delay is due to having a lot on their plate. This is my thinking, but what I can recommend is to talk to a traffic lawyer who may give some insight on this matter,

good luck.
 

Rod

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No need to see a lawyer until something happens. Without knowing the actual charge or infringements a lawyer cannot give specific advice, and general advice is probably going to be of little value.
 

Adam1user

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5 January 2018
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No need to see a lawyer until something happens. Without knowing the actual charge or infringements a lawyer cannot give specific advice, and general advice is probably going to be of little value.
I meant for him to get more info on cases like this, whether the delay as I stated or that he will not be charged, this is for him to get some more insight on this issue than just sitting down and keep worrying, as you mentioned we don't know what he is charged with yet, if he is charged,
 

Rod

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I know someone who had to wait 12 months to see if police would take them back to court for $10K in admin costs. This person succeeded in putting it out of their mind so it is possible to do. (Nothing was heard)

There's no value in worrying, and it is a health concern. There's risk in making enquiries.

Better off, even though it can be hard, getting on with life and looking forward, not backward. Counselling can help if the worry cannot be put aside.