Australia Law
Have Australian law questions? Ask a lawyer now.
Connect one-on-one with {0} who will answer your question
Answered in 8 minutes by:
2/28/2010
Maurice, Lawyer
Category: Australia Law
Satisfied Customers: 2,764
Experience: Lawyer (Juris Doctor, MBA IntBus) with 25 years Australian Business Experience at Your Service
VerifiedHi Roy
I am also Perth based for your interest, the answer may depend on how serious the DUI charge is - can you tell me if it is a first offence in this area and what range were you caught in (reading)
Secondly, what conditions were placed on your suspended imprisonment order?
OK Roy, thanks for that.
Section 77 of the Sentencing Act 1995 covers the Effect of suspending imprisonment
(link below)
http://www.austlii.edu.au/au/legis/wa/consol_act/sa1995121/s77.html
and states in summary that if you are convicted of an offence where the statutory penalty is imprisonment, then you would be in breach of your order and the court may order that you serve your time so to speak.
The DUI offence will see you finish up with a combination of a fine, loss of demerit points and license suspension but no term of imprisonment, so you won't breach the suspended order.
I would suggest however that you do engage the services of a competent traffic lawyer and try and get the minimum penalty and outcome for this first offence.
I trust this information is of assistance and that you will kindly accept my answer as I wish you the best in this matter
Regards
Maurice
Maurice, Lawyer
Category: Australia Law
Satisfied Customers: 2,764
Experience: Lawyer (Juris Doctor, MBA IntBus) with 25 years Australian Business Experience at Your Service
VerifiedMaurice and 87 other Australia Law Specialists are ready to help you
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with a solicitorLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related Australia Law Questions
I was pulled over last night while I am driving with a
I was pulled over last night while I am driving with a disqualified license, I would like to know what are the charges I might face … read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
First time ever and I've been charged with drug driving
First time ever and I've been charged with drug driving cannibals I'm 54 good record can I do a course straight away to help … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I have to appear in court for low range drink driving I was
I have to appear in court for low range drink driving I was 0.01 over , first offence I have been driving for 35 years … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I have been charged with drug driving twice in a 4 or so
Hi I have been charged with drug driving twice in a 4 or so week period but I had my drink spiked once and I have no idea what happened with the second, what am I likely to be facing in court? … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
My partner has court on the 26th of this month for a traffic
Hi my partner has court on the 26th of this month for a traffic offense, he has a very poor trafficking history. I just need to know if we urgently need to seek legal advice or a lawyer. … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I have recently been charged with mid range drink driving
Hello I have recently been charged with mid range drink driving and I am summoned to go to court this is my first offence and I want to know how I can apply for a licence to drive to work and my child… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
Can I call please! Perth. I would like advicr as to what is
I would like advicr as to what is going to happen to me... facing court in a month and am being charged for intent to supply one gram of ketamine, whilst driving with my learners permit with no supervised driver. 4 days later, I passed me PDA. Since then I have had my P plates. Although! Last night... I was caught driving whilst under the influence of marijuana. Big mistake in 4/6 weeks I am to receive a confirmation of wether the test comes back positive or negative.. which if positive I then go to court. Am confused on that subject as when the policeman pulled me over he drug tested me and told me it came back positive. So it's a little confusing. So I am just frightened as what can happen to me now.. also a Bit confused as to why he said it came back positive but then said he's waiting for the laboratory results... even for the cannabis. … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
My 18 year old son has to go to court in February as he was
My 18 year old son has to go to court in February as he was caught being under the influence of cannabis. He has had two prior warnings before when he was 17. He is still currently driving till his co… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I was pull over by police for high speed at 89 at zone of 60
Hi I was pull over by police for high speed at 89 at zone of 60 and it's first time I am getting fine so does it affect when I apply for PR in melbourne I already paid fine … read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
Went can i get my Licence back i got canc for life. Perth
good morning went can i get my Licence back i got canc for life … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
My brother has breached the coditions of his suspended
Hi my brother has breached the coditions of his suspended sentence in the NT if he was to move to Qld what is the likelihood of him being extradited back to the territory any advice would be appreciat… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
Hi their Just wanting some brief advice. I was just pulled
Hi their Just wanting some brief advice. I was just pulled over for driving unlicensed. My licence was suspended for 14 months in 2012 for drink driving. At the time of the offence i had already had m… read more
James D. Ford
Solicitor
1,600 satisfied customers
Hi I am from Victoria I have 6 month jail sentence for recklessly
Hi I am from Victoria I have 6 month jail sentence for recklessly causing injury, wholly suspended for 12 months, from 2 Dec 2013. (On Appeal in the County a Court) I have received an Excessive Speed … read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
whats the maximum and minimum sentence for being arrested on
whats the maximum and minimum sentence for being arrested on 94grams of crystal meth trafficing and where does it change in quantity from intent to sell and supply to trafficing… read more
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
hi, my name is carl and i have been living in perth for 14
hi, my name is XXXXX XXXXX i have been living in perth for 14 yrs..in that time my record has been clean except i have been caught twice for drinking and driving..i am still under an 8 mnth cancellato… read more
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
My son who is 18 and in his final year of an apprenticeship
My son who is 18 and in his final year of an apprenticeship in WA, ran from a vehicle he was driving after being pursued by police. He had not been drinking but fled because he was driving under suspe… read more
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
hi, im a fifth year law student, go to school, never had a
hi, im a fifth year law student, go to school, never had a criminal record, never had any other offences against my name except traffic offences. However, I was caught speeding at 125km in a 100km zon… read more
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
Recently i was caught driving under the influence and also
Recently i was caught driving under the influence and also charged with reckless driving with a blood alcohol reading of 0.17.This is my third offence in 17 years the other charges were DUI.My court c… read more
Maurice
Lawyer
Master's Degree
2,764 satisfied customers
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
JustAnswer in the News:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
What Customers are Saying:
Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Edmond, OK
My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
Redwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
Wichita, KS
PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Houston, TX
Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
Atlanta, GA
It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.
Apopka, FL
Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.
Freshfield, Liverpool, UK
< Previous | Next >
Meet the Experts:
Sean
Experienced lawyer
855 satisfied customers
Law degree with 1st class honours from Australian National University.
Darren Kruse
Solicitor
16 satisfied customers
Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
John Melis
Lawyer
35,824 satisfied customers
Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
Leon
Solicitor
33,544 satisfied customers
BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Daniel
Solicitor
7,683 satisfied customers
Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Patrick H.
Lawyer
5,422 satisfied customers
Dip Law LPAB - Sydney based lawyer
James D. Ford
Solicitor
1,600 satisfied customers
Lawyer | Founder & CEO at Blue Ocean Law Group
< Previous | Next >
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
