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ACT High Range PCA After Previous DUI's - Chances of Jail?

Discussion in 'Traffic Law Forum' started by Remorseful div, 27 February 2016.

  1. Remorseful div

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    I was arrested last night for high range PCA after taking out a street light.10 years ago, I also had a high range DUI, and 13 years ago, a mid range. I also attempted to move the vehicle off the curb and back onto the road before being pulled up by the police.

    I will need to see an attorney but I am really worried about the court summons.

    What is the likelihood of jail? I have no other convictions and extremely remorseful.
     
  2. Remorseful div

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    Assuming I am reading correctly, Section 9 Subsection (3) of the Road Transport (Drink Driving) Legislation Amendment Bill 2010 to the Road Transport (Alcohol and Drugs) Act 1977 [ACT] states that "a person who is convicted or found guilty of a disqualifying offence that was committed before the commencement of the Road Transport (Drink Driving) Legislation Amendment 10 Act 2010, section 9, is a repeat offender in relation to the offence only if:

    (a) the person has been convicted or found guilty of a relevant offence within 5 years before being convicted or found guilty of the disqualifying offence; or
    (b) the person is convicted or found guilty of 1 or more relevant offences concurrently with being convicted or found guilty of the disqualifying offence, and 1 or more of the relevant offences were committed before the disqualifying offence.
    (4) Subsection
    (3) and this subsection expire 5 years after the day this section commences."

    Does this mean my offences in 2003 and 2007 are not considered repeat to the current offence? Or was this only valid until 2015? I.e 5yrs after the day of the above section commencing, 2010?
     
  3. Anubis

    Anubis Well-Known Member

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    Sounds like a first offence which still carries possible Gaol, a fine and a period of disqualification.

    The Magistrate might ask if you have a problem with booze. Matter for you as to your reply.

    If you do have an issue, get yourself into a programme of drug and alcohol counselling before court. If you are self-medicating stress, get a mental health treatment plan from your Dr and start the counselling.

    Do a Serious Traffic Offenders Programme and develop some insight into the impact of booze on you, driving and the community.

    Take your insight, remorse and certificate with you to court.

    In deciding how hard to hit you the bench will look at how high, how you came under notice, how far you drove and your conduct.

    Proactively having done things before court without being prompted by your lawyer...do pay for one... Will give the court some comfort it can go a little easier.

    It is always refreshing for the court to encounter someone who accepts responsibility and does something

    It is considered to be a much more serious offence these days. A major offence ...
     

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