Australia's #1 for Law

Join 11,000+ Australians. Ask a question, respond to a question and better understand the law today!

Dismiss Notice
Hi Guest, Want peace of mind with personalised legal advice today? Visit LawTap to find the right Australian lawyer and book online instantly.

NSW PCA Medium Range Drink Driving Charge - Next Step?

Discussion in 'Traffic Law Forum' started by Dianne X, 26 April 2014.

  1. Dianne X

    Dianne X Member

    25 April 2014
    Likes Received:
    Hi. I need some help for a 46 year old Australian male friend.
    "I unfortunately have made a serious & regrettable judgement error on Easter weekend & was pulled over & charged with DUI. Medium range drink driving .094, drivers licence suspended immediately. I have a court date of 5 May14 & no money to engage a solicitor.

    I have contacted Legal Aid & have an appointment 1May14. I need to know what to do next & where to turn basically as I'm concerned the 1st May is too far away for gaining advice. I have had 5 other DUI's in the past but over 12 years ago and thought I had turned a corner. I had to resign from my job last week as it entails using a car extensively on a daily basis. My partner is supporting us at the moment & we are in a financial mess basically.

    I have let everyone & myself down and am stressed & very concerned about possible jail time, the amount of the fine & the fact I have now lost my job & the absolute privilege of holding a drivers licence. I'm hoping you can assist by guiding me to the next step. Thank you in advance..."
  2. Amanda E

    Amanda E Well-Known Member

    9 April 2014
    Likes Received:
    Hi Dianne

    Its great that your friend has an appointment with a Legal Aid lawyer next week.

    To help in the meantime:
    1. He should go through the steps in this Legal Aid NSW publication “Drink driving charges and you”.

    The steps include him preparing a short letter in his own words to give to the Magistrate, or written notes addressing/explaining:
    1. Whether he believed he was over the limit when he drove;
    2. Any particular reason as to why he chose to drive;
    3. Whether he were detected by Random Breath Test or as a result of erratic or dangerous driving;
    4. The length of the journey/intended journey;
    5. The number of people put at risk by the driving (passengers, members of the public etc)
    6. Any collision that occurred;
    7. Any significant effect that licence disqualification may have on him, his employment or other people who rely on him (family, etc);
    8. The absence of viable alternative transport;
    9. How long he has held a licence and what his overall traffic record is like;
    10. His likelihood of reoffending.
    11. Any special reason why he was driving;
    12. Why he was driving after consuming alcohol;
    13. In his own words, why he can give an assurance that he will not drink and drive in future;
    14. Any particular need he has for a licence eg. In his work or for personal reasons;
    15. If he needs a driver’s licence for work, he needs a letter from his employer to say what will happen to his job if he is disqualified from driving for a long time (although I understand that he resigned because he could no longer drive, so maybe a letter to that effect that would show the negative impact his mistake has already had on him);
    16. What his weekly income is and expenses he has to pay (which can assist the court in calculating any fine to be imposed).

    2. Ask a couple of people for good character references (I imagine you might be willing to provide one for him?)
    There is a “Character references” page on the Legal Aid NSW site and there is a previous LawAnswers post on Good Tips for Writing a Character Reference for Court.

    All the best.
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    logan likes this.
  3. Dianne X

    Dianne X Member

    25 April 2014
    Likes Received:
    Many thanks for your reply Amanda....greatly appreciated! Will pass all this info on tomorrow.
    Enjoy your Sunday.... :)

Share This Page