DUI in Perth WA

Get free legal advice from a lawyer in your state.

Moderators: Victorian Lawyer, Edward80

DUI in Perth WA

Postby Mertle » November 14th, 2011, 3:39 pm

Hi there i was wondering if you could answer a few questions fo9r me. Two weeks ago i was caught drink driving and blew 0.18. I was also caught for drink driving in 2009 and blew 0.09 or thereabouts and lost my license for 6 months and paid a fine. My first question is this - In 1992 i was suspended for drink driving cant remeber for how long but i think it was for 3 months. Will the 1992 conviction be counted making it a third time or will only the last two be counted? and also do i need to attend the court or can i plead guilty by mail? And one more thing how long does the summons take to arrive.
Mertle
 
Posts: 4
Joined: November 14th, 2011, 2:59 pm

Re: DUI in Perth WA

Postby Mertle » November 16th, 2011, 11:46 am

Yesterday i received the court hearing notice in the mail and i intend on attending and pleading guilty. I am personally addressing the alcohol issue with help from my family and friends. What can i expect to receive? Also will i be able to apply for an extrordinary licence? Thank you.
Mertle
 
Posts: 4
Joined: November 14th, 2011, 2:59 pm

Re: DUI in Perth WA

Postby TalbotOlivierWA » November 17th, 2011, 12:41 pm

Dear Mertle, We recommend you attend court personally to explain your personal circumstances and the circumstances which led to you drink driving. Yes the 1992 conviction will count as it was recorded less than 20 years ago. Depending on the exact nature of the 1992 conviction, this will be your third or subsequent offence of driving in excess of 0.08%. The minimum fine is $1600, the maximum fine is $3000 and the minimum disqualification period is 30 months. You may be eligible for an extraordinary drivers licence, however, there will be a waiting period and we recommend you obtain specific advice regarding the requirements in your particular circumstances.
Kristine Warman - Senior Associate
Talbot Olivier - Legal Services (Perth, WA)
http://www.talbotolivier.com.au/

T (08) 9420 7100
Level 8 Wesfarmers House 40 The Esplanade Perth WA 6000
TalbotOlivierWA
 
Posts: 9
Joined: November 17th, 2011, 12:25 pm

Re: DUI in Perth WA

Postby Mertle » November 18th, 2011, 10:55 am

Thank you for your answer.
Mertle
 
Posts: 4
Joined: November 14th, 2011, 2:59 pm

Re: DUI in Perth WA

Postby Mertle » December 13th, 2011, 6:27 pm

Just an update - Went to court and the magistrate adjorned the case until Feb 2012 and put me on the POP ( Pre-sentencing Opportunity program). I am happy about this as i need help with my excessive alcohol consumption. Two questions - as the case has been adjorned until 2012 that makes the first offence 20 years ago? And will doing the program and really showing the judge that i've been getting help and participating in the program help me when she comes to sentence me. Thank you in advance....
Mertle
 
Posts: 4
Joined: November 14th, 2011, 2:59 pm

Re: DUI in Perth WA

Postby TalbotOlivierWA » December 14th, 2011, 6:33 pm

Dear Mertle, Thank you for your update, its great to receive your feedback. That is very positive that you have been given the opportunity to participate in the POP program. Yes, it will definitely be taken into account at sentencing. Whether the 1992 offence is taken into account depends very much on the exact dates, therefore, we would advise you to make sure this issue is brought to the Magistrate's attention so he or she sentences you on an accurate basis. Best of luck in successfully completing your program!
Kristine Warman - Senior Associate
Talbot Olivier - Legal Services (Perth, WA)
http://www.talbotolivier.com.au/

T (08) 9420 7100
Level 8 Wesfarmers House 40 The Esplanade Perth WA 6000
TalbotOlivierWA
 
Posts: 9
Joined: November 17th, 2011, 12:25 pm


Return to Ask A Lawyer

Who is online

Registered users: Marinatdo

cron