VIC Endangering life charge?

Discussion in 'Criminal Law Forum' started by Purple, 12 November 2019.

  1. Purple

    Purple Member

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    I was convicted for a drink driving charge first offence and got my licence cancelled for 6 months. I get my licence next month through Vic roads, not an Leo attendance at court. This conviction will show up on my national police check which I just lodged an application for. My bigger fear and concern is that of a criminal relating charge that could also come from the incident. The fact is my son aged 15 was in the car with me and there was no accident or injury that occurred. It has been six months now since the incident and two weeks after it I contacted the police officer who pulled me over and told him I payed the infringement and asked if I had to go to court. I have received no summons with alleged charges til this day, but he did reply yes you will have to go to court. The only thing I can think of was when asked by police after the incident if I thought I was over the legal limit, under shock and confusion, I replied yes maybe. The police reaction was that this is serious and my body just froze. My bac was .079. Am I likely to be charged with something serious such as endangerment. Is this possible? I understand the police have 12 months to lay charges. This seems like a nightmare as the truth is that I didn’t feel like I was over or not ok to drive! Does anyone have any legal expertise here as to whether I should be concerned? My police check results which I should get back in two weeks time latest will show if there is a pending investigation. Will there be any details about my drinking conviction and or details of an investigation if that is occurring? What can I expect?
     
  2. Scruff

    Scruff Well-Known Member

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    You won't be charged with endagering life or anything like that. It's a DUI matter only. Because this happened after April 2018, you will have to meet all the requirements to get your licence back and I believe you will also be required to have an interlock system fitted at your own expense.
    For more info, read this page: Drink driving | Victoria Legal Aid
    Criminal record check should just show the DUI matter. There shouldn't be any ongoing investigation.
     
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  3. Purple

    Purple Member

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    Thanks for your reply. Really appreciate it. What concerned me was the police reaction when I said I think I may have been over. I’m just left feeling confused as to why the policeman said I’ll have to go to court. What for? I was too scared and dumbfounded to ask why. All I remember saying is that I was confused and traumatised when I was spoken to after incident. He replied you can tell that to the prosecutor. I’m just the police officer who pulled you over. It’s frightening that it could be any more than a dui charge. Have been told this by other legal experts as well. Thanks again.
     
  4. Scruff

    Scruff Well-Known Member

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    I don't see the point of having to go to court. You've been suspended and have also been issued with a fine, so it appears to me that the penalty has already been determined.
    Perhaps one of the lawyers from Victoria can shed a little light on how that all works now.
     
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  5. Purple

    Purple Member

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    Thanks
    My concern now should be whether it will affect me getting Home care work again which is what I did before I lost my licence
     
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