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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5358
Experience:  Dip Law LPAB - Sydney based lawyer
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My driver's licence was disqualified with a blood alc/

Customer Question

My driver's licence was disqualified with a blood alc/ rating of 0.1462. I have served my immediate disqualification of 2 months by the policeas of yesterday. What's my minimum fine and period of disqualification for first offence? Will I and when will I be able to apply for an extraordinary driver's licence? I'm going to court on Thursday, should I bring up why I've done it and will that make a difference? Note: I was brutally assualted at work that day and was then hospitalised later. I decided to calm myself with alcohol and still drove home from work ( poor judgment). Was then pulled over by the police.
Submitted: 11 months ago.
Category: Australia Law
Expert:  Patrick H. replied 11 months ago.

Which state are you in as each state has different laws?

Customer: replied 11 months ago.
WA
Expert:  Patrick H. replied 11 months ago.

Hello again,

The following section applies to driving under the influence of Alcohol:

http://www.austlii.edu.au/au/legis/wa/consol_act/rta1974111/s64.html

As you will see, with a alcohol reading of 0.1462 you would be in the top category which, for a first offence carries a mandatory minimum 9 month suspension period. Unfortunately the court doesn't have a discretion to impose a lesser suspension period.

The only way I can see that you might avoid a penalty is if you could show that the assault you referred to somehow concussed you and left you in a mental state where you should not be held responsible for your actions, but that would be difficult thing to make fly without compelling medical evidence, and if you were inclined to pursue such a defence (which means you would be pleading not guilty) then you should ensure your case is handled by an experienced criminal lawyer who can better assess whether such a defence is viable in your situation.

I appreciate the above is not the advice you were likely hoping for, but it does reflect the reality of your situation, and I trust helps you understand your legal situation.

Please rate my answer.

Patrick

Customer: replied 11 months ago.
Is the above related sections the most current version (as in 2015 version), I seeked legal advise elsewhere and was told minimum period served is 3 months to 9 months. I was told that by the police officers who pulled me over too. Why am I getting different advises?
Expert:  Patrick H. replied 11 months ago.

I have quoted the current legislation. Note that the section I provided covers alcohol concentrations above 0.08, and your concentration was at the extreme end of the ranges.

If your concentration had been lower, lower minimum disqualification periods would have applied, and perhaps the previous advice you received was simply giving you the spread of suspension ranges that apply to offences of this type without having worked out exactly which penalty applied to your specific concentration reading.

Please rate my answer.

Patrick