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NSW Drink Driving DUI - Possible Outcomes?

Discussion in 'Traffic Law Forum' started by Joesph C, 10 May 2015.

  1. Joesph C

    Joesph C Member

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    Last night I received a DUI ( drink driving), reading a BAC of 0.084 first offence with a clean driving record. I have a court date, 5/6/15 Moruya Local Court. I am suspended until this date.

    I am 50yrs & I work in Batemans Bay, 45km away. My wife is sick & will now have to drive the 45km 4 times a day. She may have to go to a specialist & now has to consider driving herself. This is a huge stress.

    What is the likely outcome in court?
    If my drivers licence is suspended after court, can I request a restricted working drivers licence?
     
  2. Tracy B

    Tracy B Well-Known Member

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    Hi Joseph,

    It is very difficult to predict the likely outcome at sentencing because it depends on a vast number of factors, including your court demeanour, personal circumstances, dependants etc. and how much weight the judge puts on each of these factors.

    However, there is some guidance from the Judicial Commission of NSW (drink-driving sentencing trends):
    • BAC of 0.08 and 0.15 is considered "medium range"
    • The maximum penalty for medium range BAC for first time offenders is: automatic 6-12 months suspension of licence, fine of 20 penalty units ($110 per unit) and 9 months imprisonment
    • Given your BAC is at the low range of the "medium range", you will likely incur a sentence at the lower spectrum of this
    I believe you are referring to something like the WA's extraordinary driver's licence? In NSW, there is no similar option. In other words, there is no "work licence" in NSW, nor are there in many other states of Australia.

    You may wish to read NSW Legal Aid's Drink Driving Charges and You page for more information on what to do
     
    Tim W likes this.

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