WA Traffic Infringement Notice for a Third Time?

Discussion in 'Traffic Law Forum' started by Creed, 17 December 2018.

  1. Creed

    Creed Member

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    I was pulled over yesterday by the police and blew 0.062

    I was pulled over by the police in 2012 and blew 0.08, I went to traffic law court and received a $750 fine and a 6-month ban.

    I had an accident in 2011 and blew 0.06 and was issued a traffic infringement notice.

    I have been told that I will have to go to court again. What is likely to happen to me and are there ever any mitigating circumstances for them to not ban you?
     
  2. Scruff

    Scruff Well-Known Member

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    Here's somewhat of a guide from an actual case in NSW (there was around 2-3 years between each offence):

    1. low range: 6 month suspension + $400 fine (Self represented)
    2. low range: 18 month suspension + $600 fine (Self represented)
    3. mid range: 3 year suspension + 3 months weekend detention (Self represented. Highest of the four readings at 0.085.)
    4. low range: 5 year suspension + 6 months custodial (Lawyer. He was also disqualified at the time but the Police were generous and only pursued the DUI. This was also the lowest of the four readings at 0.056.)

    So 4th time around he finally woke up and got a lawyer - but by then it was too late. As you can see, it's the repeat offences that pushes the penalties up.

    I don't know what the norm is for penalties in WA, but I reckon you have been extremely lucky so far - especially since you were involved in an accident in 2011. It's rare not to at least lose your licence for DUI, at least in NSW anyway. Also, to me, the penalty you got in 2012 is more like a first offence penalty, not second offence, especially with the higher reading of 0.08 and only 12 months after the first. So like I said, you been very lucky so far, so don't expect that luck to continue.

    Being a third offence, at the very least you can expect a lengthy suspension. I'd prepare for three years. Your only saving grace is that I think 0.062 is still low range, and that may get you another fine on top rather than community service, weekend detention or a custodial sentence. But for a third offence - I would think that all options are definately in play.

    My advice would be to get a lawyer. I don't recommend that anyone self represent for DUI except for a first offence and even then, probably only if is low range.

    And be warned: If you ever get caught again, there would be a very strong case for jail time no matter how long in the future it happens or what the reading is.

    At some point, the courts are going to teach you a lesson. If that doesn't happen this time, my money is that it will definately happen if you are caught again.
     
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    #2 Scruff, 17 December 2018
    Last edited: 17 December 2018
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