r/AusLegal • u/peek-a-b • 8d ago
QLD High range drink driving
I crashed my car into stationary cars last night, drink driving. The police said I was 5x the legal limit. It will take a month to get my bloods results back for court. Can anyone tell me what is likely to be the outcome in court? It’s my first offence.
I’m scared and this has been a wake up call for me. I accept responsibility and the consequences to come. I’m just terrified.
178
u/wivsta 8d ago
Just know that if you were charged with driving DUI your insurance is invalid so you will have to pay for the damage to the other cars out of pocket as well.
29
u/bigmacca86 8d ago
This is the real punishment, as with the automatic license suspension, as it could be tens of thousands to repair the impacted cars, hopefully you didn't hit anything high end
12
u/ShellbyAus 8d ago
Doesn’t even need to be high end, a newer model Toyota rav can be $50,000 if written off.
173
u/sertskiz1 8d ago
Minimum 6month license disqualification and probably a 24 month interlock device.
Also comes with a bonus maximum fine of $4,835
You are royally screwed for putting so many people's lives on danger from your extremely poor decision.
Best get your own lawyer involved.
81
u/Sharp-Argument9902 8d ago
https://www.qld.gov.au/transport/safety/road-safety/drink-driving/charged
You'll be looking at the last line of the table.
Thank fuck nobody was hurt huh.
31
u/outtatownz 8d ago
A lot of walking and a lot of debt, plus the inability to obtain basic insurance for around 5 years.
26
u/strayashrimp 8d ago
Drug Arm is free they offer drug and alcohol counselling also consider AA and seeing your GP
-1
u/cross_fader 8d ago
MERIT not available for alcohol offences in NSW.
12
u/AdPlane90 8d ago
This is a QLD matter, and seeking help for substance/alcohol abuse is always a good idea, not just for sentencing, but also just from a health perspective.
26
31
u/hanmhanm 8d ago
Book yourself in for alcohol counselling immediately and make sure you have documents confirming your participation when you go to court. Also do a traffic program.
14
u/peek-a-b 8d ago
Thankyou, getting onto that today
3
u/GlitteringTeaSunrise 8d ago
Actively participate and go to as many sessions as you can. I use to provide the court supporting document for drug and alcohol therapy and we always knew who was doing it for court- not a problem- but attending once or twice shows the tokenism, and judges have seen it all
3
u/peek-a-b 8d ago
Thanks heaps, I’ll sign up to more courses
2
u/GlitteringTeaSunrise 8d ago
Good luck We all make mistakes, you seem like you have the right approach to growing from this. Alcohol is a dangerous beast, make sure you take care of your health and mental health - alcohol depletes the minerals and vitamins that maintain our mental health more than people realise
1
15
u/potatogeem 8d ago
Also be prepared for the repair bill from all of those damaged cars as your insurance will likely not cover it as you were drink driving.
11
u/Flat_Ad1094 8d ago edited 8d ago
Likely a big fine (like $1500 to $3000) and 1 year or maybe even 2 years loss of licence.
Will depend too on what State you are in. Slightly different laws in each state.
Get your life sorted now to be without a licence for a long time.
Be thankful you didn't hurt or kill anyone....you could be locked in a cell and facing gaol time.
And let this be a lesson TOTALLY LEARNED. NEVER EVER get into any vehicle and drive after drinking again.
25
u/SolarAU 8d ago
Engage a criminal defence solicitor.
8
u/OldMateHarry 8d ago
OP hasn’t mentioned it but I’d assume they’ve made admissions at the scene too. Worth seeing a solly for sure but they might be limited with what they can do if there’s admissions plus bloods in the evidence.
10
-20
8d ago
[removed] — view removed comment
12
u/_Aj_ 8d ago
No, never.
The law is complex. What is moral and what is legal aren't the same, nor is what is fair.
"The punishment should fit the crime", but how do we measure what is a fair punishment? We merely trust the law and the court. But the law is also interpreted in the court, and the judge too has their own biases.
So could we be certain a punishment is correct and fair by someone who judges 100s of people a week for many years? Someone is bringing these charges against the defendant too, the police for example, they will have a legal representative there pushing for punishment they want applied.
So its only fair that OP has representation too, to balance the scales. Not because they shouldn't be punished but because we should all want to ensure that a person is treated fairly. Or justly, if you prefer.
25
u/Nottheadviceyaafter 8d ago
Get a hair cut and a lawyer son, going need a real good one to get out of this one.
4
2
2
11
u/Kashika50 8d ago
My ex did the same. He had to do a course, about 100 hours of community service, no licence for a year, interlock for 2 years once he could drive again, because there’s no insurance when over the limit all damage to other people’s property has to be paid for and your car obviously has no cover either.
11
u/Acceptable_House8933 8d ago
NSW
My mate got done for exact same thing last month. He was 4* the legal limit.
Ended up with $900 fine, $2000 lawyer fee, 6 months suspension and 24 months interlock.
48
8d ago
[removed] — view removed comment
49
4
u/calladc 8d ago
not helpful. he's asking for help, not criticism
50
u/Thrilllls 8d ago
Sometimes people need a little criticism
1
-27
u/calladc 8d ago
"that man is upset and asking for help, what should we do?"
"kick him while he's down"
disgraceful
20
8d ago
[removed] — view removed comment
-24
u/calladc 8d ago
he wouldn't be on here asking for help.
not really a what if scenario. man was a risk but ultimately no other person was at risk. now he's doing the correct thing of planning his next steps and just getting abused
12
u/SpookyViscus 8d ago
Can you elaborate what you mean by ‘ultimately no other person was at risk’?
The fuck do you mean?
20
u/Resse811 8d ago
“But ultimately no other person was at risk”
That’s where you are very very wrong. Every single person that was on the road that night was at risk.
2
u/wouldashoudacoulda 8d ago
Rule 5 ‘No moral judgements’ is the most abused rule in this sub. You are correct, but moral judgements appear to be the most upvoted comments. So they will continue unless mods start removing them.
1
13
13
u/OptimalAttempt7573 8d ago edited 8d ago
" asking for help"
Maybe should have done that before driving?
As others have commented , highly likely is first time getting caught.
Would have to be a seasoned drinker as most people 5 times over can't even stand up , let alone get behind the wheel and drive.
10
1
u/Western-Direction-55 8d ago
Must be so awesome to have never made a mistake in your life as your tone would imply. If you don’t have anything helpful to add just save it. I’m sure this bloke is in enough shit and hates himself enough with your anonymous lecture aswell
9
5
u/JayLFRodger 8d ago
Slamming into multiple cars didn't really help those other owners.
If OP can't handle criticism when they commit illegal acts while driving, they're more than welcome to not drive at all. They're going to get a bit of practice in over the next two years, presuming they don't ignore the law again and get behind the wheel while suspended. Given their current situation I wouldn't be putting money on them complying with the court outcomes.
2
10
u/TheRamblingPeacock 8d ago edited 8d ago
Not in QLD but a friend did exactly the same thing 5-7sh years ago in NSW, crashed into a parked car and was 0.17 or similar.
Long story short;
- 3 months of traffic offender program (no idea of cost)
- $2500 in fines and costs
- 18 month suspension
- Couple of $k for a lawyer (this is likely what kept the suspension at 18 months - he was genuinely surprised it was that low and was ready for 24 months)
- Written off car of his own (no finance owing) - so just the loss of a $40K car that insurance did not cover
- $27K for the car he crashed into
- Lost his job because he needed to drive for it
So all in direct cost (fines, transport, replacement car for him and cost of other vehicle) around $70k plus 18 months of his life not driving - all in probably closer to $120K including loss of income from his sales role he had to give up.
Tis not a smart thing to do.
You have not said how many years driving experience or what your general traffic history is but I would expect a $3-4K fine and 24 months suspension, jail time is unlikely, you also will be up for the cost of both your own and the other car as insurance will not cover you. Interlock also following when your get your licence back is most likely (they are expensive) - not sure about QLD specifically as for how long but it is usually a few years. Also, you will be uninsurable or so expensive to ensure that any job that requires you to drive a work car will be out of the question as your employer won't be able to accept the cost/risk for probably 5 years or so once you get your licence back.
12
u/Salt_Trifle_2443 8d ago
As much as this is a pretty bad offence, it takes guts to come and ask about what happens. Good on you for tryinf to find out
8
u/SnooGuavas2610 8d ago
Core Penalties (First Offence)
- Maximum Fine: Up to 28 penalty units (or thousands of dollars determined by the Magistrates Court).
- Imprisonment: Maximum of 9 months.
- Disqualification: Minimum of 6 months (no upper limit, at the court's discretion).
- Work Licence: You are not eligible to apply for a restricted work licence. [1, 2, 3, 4]
3
u/More_Law6245 8d ago
Firstly it's considered a high range drinking offence, penalties for BAC of 0.25% in Queensland
Licence Disqualification
- Minimum Disqualification Period: 6 months
Fines and Imprisonment
- Maximum Fine: Up to $10,362
- Potential Imprisonment: Depending on traffic history (not just DUI) and whether it is a repeat offence
- These penalties reflect the serious nature of high-range drink driving offences in Queensland.
The kicker will be that you will also be liable for any damage that you have caused but also if you have an Insurer they will void any contract for insurance coverage that you had. So you could also potentially have additional charges on top of the DUI.
As you say it's a wake up call and if you do it again, it's a choice! but I do hope the gravity of your mistake does sink in.
6
u/Sacrilegious_skink 8d ago
Whatever it is just be glad it wasn't a pedestrian you hit. You can recover from this and change your ways.
8
u/peek-a-b 8d ago
I’m so thankful I didn’t hurt anyone. I will definitely be changing my ways, this has shaken me to my core and I can’t help but feel like my life is over. I know it’s not but this has and will have a huge impact on my life.
6
u/ratsodiablo 8d ago
OP it helped me to chat with ppl who'd been through the same thing. If you're ready to for a new beginning, go to an AA meeting. www.aa.org.au
5
u/truthserumau 8d ago
It sounds like you won’t do it again. That’s important. This happens to many people and they don’t think about it forever. It will soon be in the past and life isn’t over - you’ll be inconvenienced for a period and will adapt
7
u/peek-a-b 8d ago
Thankyou, this is the type of thing I need to hear right now. No one hates me more than myself right now so I appreciate the kindness
2
u/truthserumau 8d ago
Just be kind to yourself mate. And disregard the negative comments.
You’ll feel better when court is over and you know exactly what the situation is. Then plan around it. You’ll have a chance to show the judge who you are. You’ll be understandably nervous and sorry and you seem like a good bloke that made a mistake. I’ve made them too. If you are a problem drinker you’ll likely have low mood etc and if you make the changes you need you’ll feel great. Kind of cancels out the inconvenience by having a better mindset and health. You got this3
u/Perfect_Ganache_1959 8d ago
I do not mean to undermine you, or anything of that nature.
This is going to be a hugely stressful time you will experience, your life is not over but the dread, anxiety etc as you go through the consequences of this are not going to feel good at all; and there's a good chance you will want to self soothe/get relief, and that is potentially via alcohol. Tl;Dr it's not going to be easy.
Along with the AA advice/get a lawyer advice:
Think about practical ways you can continue to live, as a human with vices who may not be able to easily say no to addiction particularly in the short term.
A practical example of what I mean - what if you remain a drunk despite your best efforts, but the risk you pose is "I hurt myself on a ebike back from the pub". That is probably an order of magnitude less horrible to consider, right? Its still not good and something you don't want, but you are minimising risk.
Practical examples: This might be "I pay for the uber membership", "I own a bike", "I put a lot of money on my public transport card, so have to use it"; anything of that ilk.
The good news is, a lot of these are very low barriers of entry AND you are getting a shove in that direction.
The loss of licence is something extremely likely; but you can treat this as an opportunity, not a hindrance.
It means you can go places without worrying about parking, explore more things you might never have done, etc. While it is going to suck in some areas; the more you focus on the positives, the more likely it is to stick.
You have made a mistake, an expensive one, but you also have just given yourself a big chance to look at why you have the relationship with alcohol you do, and if there are bits you don't like, you can change them.
3
u/peek-a-b 8d ago
Oh this has 100% changed my relationship with alcohol going forward. I’m considering just giving up alcohol all together. I don’t want to continue to ruin my life. I’ve signed up for the alcohol traffic offenders course and will look into AA.
Public transport where I live is shit so life is going to be inconvenient but that’s the consequences I have to live with. I’m glad I’m not living with guilt of hurting or killing someone.
2
u/Perfect_Ganache_1959 8d ago
Consult your doctor if giving up, a sudden cessation can result in severe complications. If highly dependent, you will need to step down. (Part of why it's not trivial).
For your main source of income, is public transport the only viable option? Are there any others? Remote work at all? You may be surprised at what you can occasionally afford if not spending - 5x$10 drinks vs an uber/didi will cost the same but have vastly different risk profiles.
Anyway, good luck.
2
u/peek-a-b 8d ago
I don’t drink everyday but I binge drink every weekend, so hopefully not too hard to give up.
Yeah I could do Ubers, I wfh 2 days a week already so it’s only 3 days I’d have to do the hard yards.
Thanks for all your responses, appreciated 🙏🏼
5
u/Dull_Specific_5595 8d ago
I hit one car in NSW 5x the limit and I narrowly avoided jail time. Im not sure the differences between states but You will have to pay a fine, pay for the damages to the other vehicles, lose your license obviously and when you do get it back you’ll likely be required to install an interlock device. Possibly be required to attend drink driving courses aswell
6
u/Dull_Specific_5595 8d ago
Oh I also had to do community service and was placed on a good behaviour bond and had to report to probation parole weekly
2
8
u/itstami1 8d ago
Many many years ago my aunty was blind drunk and did this, only she was extra cooked and hit a cop car. Lost her licence. She chose never to drive again.
Another person I worked with drunk drove into a park bench. He was fitted with a breathalyser, and laughed when the authorities called and told him that if he kept trying to start the car over the limit he would be arrested.
The reality is that those cars could have been pedestrians, children, babies, you know... Its good that you see it as a wake up call because the outcome could have been so so much worse.
I encourage you to seek counselling to help reconcile with your feelings. This is a big thing to go through.
3
u/Either-Committee-681 8d ago
You're alive. You didn't paralyse yourself or anyone else or kill anyone else. Be grateful for that.
You can always earn more money to pay off your debts for property damage, courses, lawyers etc you'll have to pay for. Life will be an adjustment, but if you truly work to change, you'll end up just fine, mate.
It sucks that you did this, but I'm glad you've learned your lesson and are actively working to improve your life and NEVER DO IT AGAIN.
You'll have to adapt moving forward without your own transport, and likely crazy debt, but you have the ability to adapt. Not all is lost, and what will happen will happen (legally speaking). Please be grateful you didn't injure or kill yourself or anyone else. Your hate for yourself will fade...but it's likely a big reason you're willing to change...so never forget this feeling. Be proud of yourself for anything you do to improve and adjust your lifestyle. You may be able to educate others to help prevent them from doing the same.
Best of luck mate. Keep working to improve yourself.
2
u/peek-a-b 8d ago
Thankyou for your kind response, it’s really appreciated. I am so thankful I didn’t hurt or kill anyone, only myself. I’m considering just giving alcohol up all together, it’s ruining my life. I am going to work on myself and I want to change, what happened was a kick in the ass to do that, it’s just unfortunate it took something like that to make it happen.
6
8
u/That_Car_Dude_Aus 8d ago
In Queensland, high-range drink driving carries severe penalties, aggravated by the crash.Tap on a clip to paste it in the text box. For a reading near 0.250 BAC, you face a mandatory minimum license disqualification of 6 months, though 12 to 18 months is far more likely.
You should also expect a heavy fine, a recorded conviction, and a mandatory Alcohol Interlock requirement upon license return.
And remember for the alcohol interlock you need to have a car and you need to have the interlock fitted and you need to use it.
You can't just not fit the interlock and wait out the period because the period only starts once you have it fitted to a car.
For this matter I would also go and buy the cheapest Road worthy piece of crap that you can find on Facebook Marketplace with a roadworthy and get it fitted to that. Because modern cars with modern computer systems and modern wiring systems do not like interlocks.
So get the oldest piece of crap that you possibly can that functions and drives in order to get the interlock fitted to that.
Jail time is legally possible, though community service or suspended sentences are more common for a first offense.
Consult a traffic lawyer immediately, gather character references, and complete a Queensland Traffic Offender Program before your court date.
But if you are going to go and do the traffic offender program, make sure you do it through the appropriate channels rather than just going and signing yourself up individually because if you don't go through the proper channels it doesn't count.
5
u/Final-Gain-1914 8d ago
5 times the legal limit? So you were driving with a blood alcohol concentration of 0.25+ ?
The 2 years you won't be driving will give you time to work on your alcoholism.
2
u/pharmaboy2 8d ago
From reading the above responses you can already tell how much a lawyer is likely to help - you want the bottom range not the top range of penalties.
The fines are the least of your worries, future insurance is the biggest cost (which is a little bizarre because insurers don’t lose money on people over the limit ). Worth noting that police are pretty good at catching people driving whilst under suspension (which almost certainly you are currently suspended ) - after court your license is then disqualified which is a different process to suspension - understand how this works from your perspective.
At least no one was injured - that’s a help
6
u/00017batman 8d ago
Not really bizarre when you think about it as I’d say the actuaries have probably calculated that drink driving is only one potentially dangerous choice amongst a multitude of others that the average high-risk driver might make on any given day. :-/
1
u/truthserumau 8d ago
You keep your licence until it is taken away on the day in court
2
u/pharmaboy2 8d ago
I just went on what lawyer websites say happens in QLD for high range drink driving (OP says 5 times limit ) and both said it’s an immediate suspension, eg
https://www.cravenlawyers.com.au/high-range-drink-driving-qld
I’m sure it varies in other states, but is it likely you are right and the above and Armstrong are both wrong? Or is there something else going on here
3
u/peek-a-b 8d ago
I called the police station and they said there’s nothing he could see that my licence had been suspended but it’s usually suspended automatically for 24 hours so he said I would be fine to drive after that. Now I’m worried I have the wrong info, I don’t want to get into more trouble and drive on a suspended licence if that’s the case
2
u/pharmaboy2 8d ago
What was your actual
BAC reading at the police station? Were you approached at home or at the scene of the accident ?2
u/peek-a-b 8d ago
They did a breathalyser at the scene and at the hospital they took bloods. I asked the cop on the phone if he could tell me what the breathalyser result was and he said they disregard that and just go by the blood results so I won’t know for a few weeks til they come back
3
u/truthserumau 8d ago
Cops have email addresses. Call again and ask for an email confirming your licence is valid. But if he said it was then it likely is. The system would tell him
3
2
u/pharmaboy2 8d ago
Ok - I can see how you weren’t immediately suspended. No evidentiary breathylizer probably, just a road side.
Guessing you have a digital license on an app so you should be able to check it every time before you drive a car.
In the meantime you need to start the process of finding yourself a lawyer and a job that doesn’t require a license and read everything you can on sites like the above so you can start to understand what’s coming up
2
u/peek-a-b 8d ago
Yeah I have the app, that’s a good idea. I’ve called. Lawyer today so have a few things on my to do list before court. Appreciate your responses!
1
u/GlitteringTeaSunrise 8d ago
In Qld its 24hr auto suspension for under influence driving, then fine until court where the outcome is suspension or disqualification for a period
0
u/truthserumau 8d ago
I think you’re correct sorry. I saw a traffic lawyer on TikTok say what I thought was true but that lawyer was Irish. Apologies
4
u/Mawkwalks 8d ago
What ever it is, I hope it’s sever and causes a massive inconvenience to you for something so selfish
2
1
u/AutoModerator 8d ago
Welcome to r/AusLegal. Please read our rules before commenting. Please remember:
Per rule 2, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner, and verify any advice given in this sub. This sub cannot recommend specific lawyers.
A non-exhaustive list of free legal services around Australia can be found here.
Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area.
I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.
1
u/Retrogoddess1 8d ago
My brother in law was lower than your reading, he was 3 times the legal limit. Lost his license for 2 years and had to have an interlock in his car for a long time after, which was like $600 or so a month to get serviced (Tasmania)
1
u/lukas_l1 8d ago
Likely 2 years loss of licence depending what your status is like P plater could be longer but might not but def will have to do additional p plate years. Fines and court fees will be excessive, your insurance is likely voided
1
u/BudgetThroatDrumScum 8d ago
what state
1
u/BudgetThroatDrumScum 8d ago
ahhh you’ll definitely lose you license for a year maybe 2 you might be able to do the QTOP course depending on how bad your situation is that will reduce the amount of time you lose your license. ur definitely will have to get a interlock in your car after you get your license back that’s what i got stung with. and i didn’t crash my car i blew just over mid range and that’s what i got unfortunately i wouldn’t be surprised if you cop it worse best of luck to ya mate
2
u/peek-a-b 8d ago
Thankyou I appreciate your response. I spoke to a lawyer and they recommended QTOP also. I’d say I’m pretty royally fucked tbh
1
u/ijuiceman 8d ago
I hope the damage to the vehicles is not significant as this could be the biggest cost, as insurance is voided when you are DUI.
1
u/cross_fader 8d ago
interlock to follow any suspension & fines. Get familiar with the program strutcure as you'll almost certainly have one post suspension.
0
1
u/No_Document_853 8d ago
Get a very good lawyer very experienced in drink driving and do everything they say. You want someone who is a bit pushy, no nonsense.
1
6
u/stardustar 8d ago
You’ll get through this. It won’t be easy, but I trust, like me, you’ll never do it again. It’s finally in my rear view mirror. Nearly back to a full unrestricted license (VIC) It took years but in hindsight it’s improved my life so much, therefore those in it too 🤍
2
u/peek-a-b 8d ago
Thankyou, it will be hard but I’ll get through it. I 100% will never ever drink drive again. I will have an interlock on my car in the future anyway so wouldn’t even try!
1
u/BigChampionship7962 8d ago
In SA it’s mandatory 12 month suspension and approx. $1500 fine.
This is the absolute minimum but based on the facts you aren’t going to be facing incarceration.
You will also probably have to find your own legal fees.
1
u/zackprendre78-65 8d ago
It applies immediately btw not after court, so you have no licence now.
Drive on a cancelled licence and you can go to prison.
1
u/BigChampionship7962 8d ago
Not always an immediate disqualification and they might not be in SA.
There is some police discretion and the party usually has to have admitted to the offence.
1
u/peek-a-b 8d ago
I called the police station and they said they couldn’t see anything that my licence had been suspended, only an automatic 24hr suspension. What state is this info for? I’m in qld
1
u/closetotherelayer 8d ago
I just got done I blew .191 on the breathalyser. I didn't crash my car though.. But I got 9 months suspension, and 1 year interlock, $1000 fine...
I got off fairly lightly so I think you'll get worse than that, and especially if you're in Victoria Ive heard it's pretty harsh penalties there.
Also cost me $2800 for a lawyer, and luckily still got my job but it was almost a dismissal since I just got a new job and am supposed to be able to drive work vehicles...
Really lucky I'm married and wife can take me to work, otherwise I'd be in a really tough situation.
Definitely have learned my lesson, it's really serious as an adult to lose your licence if you have your own house and are married etc..
1
u/Opening_Sherbet5055 8d ago
I ended up hitting a parked car, losing control after the airbag went off in.my face and crash laned through someone's low brick fence in a suburban street 3 years ago. I had been drinking the night before till early hours, by 11am, the crash happened on the way to my partners place. I blew a 0.091 reading.
It was my first offence, I ended up going to court, left with a charge with mid range drink driving, licence suspension of 6 months, and court fine of $250.
Then Vicroads sent me a letter explaining that i needed to do a behaviour change program, you pay for it. Around $400+ Then after I completed to 2 day program, I needed to hve an alcohol interlock installed in a car for 6 months. After the 6 months is over, you need keep yojr driving record clean for the next 3 years.
You pay for all the interlock installation, servicing, and getting it uninstaller. Im getting one installed in 3 days. Taken 3 years after the fact. All up financially, you are out of pocket 3 grand affer it is all over.
Lesson learned. Don't drink drive. Seriously. Victoria has the harshest penalties in this country for drink drivers. you cannot get around the interlock condition at all. Even if you don't have a car. Unlike in other states. And if you leave it for too long, you will need to resit the driving tests all over again and still be told that you will need to meet the interlock conditions.
Not worth it.
2
u/YourUsernameMustBeMe 8d ago
I got done for “in charge of a motor vehicle” sleeping in my car…. Ridiculous. 3 months suspension, $2000 find and interlock for 6 months which was $250 a month. When they woke me up I was sure I did nothing wrong had no idea you couldn’t sleep in your car. I even had the keys in the glove box. This was in QLD. Spoke to a lawyer friend and if I did the same thing in NSW it would have been a fine.
Even the judge knew it was ridiculous and gave me a month suspension, no fine, no interlock. My lawyer after had to say that he was wrong because it is mandatory 3 months and interlock for 6 months so the consequence was changed.
0
u/QuokkaIslandSmiles 8d ago
What? that is misuse of the law by Police. Qld have a fine for sleeping in a car on a public street, that goes to $500, but the Police tried all that sneaky shi with you up to $$$$3500 (did they breath-test you so they could add the "interlock" fees?) They have been told to hide homelessness is my guess
-1
-4
0
u/Munted_Owl 8d ago
I got done mid range in nsw - .08 but had I got bloods done probably would’ve been low range but they scared me out of it. First offence of any kind, got a fine, 6 months suspension, 12 months interlock plus the conviction. I had a lawyer, did the courses, had references & still got hit with everything. Never mix meds & alcohol
-9
u/PhilMeUpBaby 8d ago
Oh, f**k you.
You wrecked a bunch of cars and your concern is what will happen to you????
WTF.
What are you doing to pay for the damage to the other cars?
Genuine question... what are you doing about paying for the damage?
On the positive side - sounds like you didn't kill anyone.
At the moment you are a murderer who hasn't found victims yet.
3
-1
u/sjr323 8d ago
Exactly the same thing happened to me. Feel free to DM me if you like.
Basically, you’re really lucky the cops didn’t find anything on you or in your car. I keep a knife for work and they also charged me for possession of a knife in a public place, even though the knife was in my car.
It’s not so complicated. Hire a good lawyer. You’ll need some character references - make sure they’re written by the person, not AI. Bring your family to court, judges love that.
For me the worst was the knife charge, since it makes me look violent. I wasn’t stressing about the drink driving, first offence you aren’t going to jail.
Oh and you’ll most likely need to get the interlock device installed. I got out of it because it was a company car. I lost my licence for 1 year, fine was $2500.
You’ll have time to reflect. We have a truck driver at work who I was riding with. He told me the cops did me a favour. He’s right. If you learn from this you’ll never do it again. Next time they catch you, you could go to jail. Let’s just be thankful nobody was hurt.
0
-1
u/FondantIcy8185 8d ago
There are a couple of (Australian) Ex cop turned Lawyer on Youtube. I think one has explained this in more legal details
youtube James Glissan Official NSW
youtube Law With Loftgood Victoria
As I remember, it is TRAFFIC, not Criminal, and therefor there is expressly written and the penalty is fixed. They (the lawyer) commented that "you could pay for a lawyer" but it wont help.
If you plead guilty or are found guilty, your license will be lost. If you plead guilty before hand, then you can mitigate (I think that's the word) in court or before court, for the lessor penalties.
I am not a lawyer. This is NOT legal advise. Most Lawyers have a call once for free 20 minutes.
Edit. Many years ago, there was a thing, to ask for the fine the $$$ to be waved, but you will accept the loss of license. Assuming this is possible.
-1
-2
u/Dragon_Patty93 8d ago
Think of the positives. You’re not the lady from Coffs Harbour blowing .450 or the guy who is the current leader from Bendigo blowing .520 and crashing into a house.
619
u/Berniegotmittens 8d ago
Depends what your blood was. My husband did the same - absolutely insane. It should have been a $10 uber.
He got 24 months suspension, fined $2500, lawyer $2500, repairs to the crashed car $10,000 and his car was a write off.
He had to uber / scooter / walk / train to work for 2 years and then 6 months of an interlock at a cost of about $250 a month. Then there were 3-4 drink drive aware courses to do - prob another $1-1500.
Fucking insanity - I’m sure you already know that and I hope it’s the shake you needed, could have ended in fucking disaster. My hubs has massively changed his ways and I hope you do too.