Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I have a legal matter I have some queries about. I have an…

Customer Question
Hi I have a legal...
Hi I have a legal matter I have some queries about. I have an arrest warrant for failing to appear to court. They came to my house earlier and wasn't home. I phone a police station near by n the officer advices me to go the the Perth watch tower at 7.30am and I would get my case heard without spending the night in jail. Please advice if this is the correct action
Would also like advice on my charges and the sentence I can expect
Charge 1. Driving under the influence of alcohol to such extent as to be incapable of having. Proper control of vehicle
Charge 2.driving in a manner that having regard to all circumstances of case dangerous to public or to any person
Submitted: 2 years ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 1 hour by:
2/26/2016
Solicitor: Patrick H., Lawyer replied 2 years ago
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
Verified

Hello and thank you for your question.

Yes, there are no guarantees as to whether you will be simply released or granted bail or how soon you will appear before the court, though if you present yourself in the morning likely your will appear before the court the same day, though a full hearing of your case is unlikely to occur until later. Regardless, it will go much better for you if you hand yourself in rather than waiting to be arrested. However, in view of the following, I would recommend you go and see a lawyer immediately and hand yourself in at that time in the company of your lawyer because the offences in question are potentially very serious.

In terms of the penalty you face it will depend chiefly on what you did and what your driving record is like. The relevant offences are these:

http://www.austlii.edu.au/au/legis/wa/consol_act/rta1974111/s63.html

http://www.austlii.edu.au/au/legis/wa/consol_act/rta1974111/s60.html

If you were driving over 45kmph over the speed limit then that would be a circumstance of aggravation which means you could potentially be facing a term of imprisonment.

Only a fully briefed lawyer can give you a firm estimate of the applicable penalty, but the offences are certainly serious enough such that I would STRONGLY recommend you engage a lawyer to conduct your defence or, in the event you will be pleading guilty to attempt to either negotiate a lesser charge or cast your offence in the best possible light.

If you need assistance locating a suitable lawyer contact the Law Society of WA as they can refer you to a suitable lawyer.

https://www.lawsocietywa.asn.au/

However you proceed, I would not recommend giving a statement to the police until you have gone over your case in detail with a lawyer, as the police will likely try to pressure admissions out of you to assist them in securing a conviction.

I trust the above assists.

PLEASE RATE MY ANSWER.

Patrick

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Patrick H. Your Own Question
Patrick H.
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
5,422 Satisfied Customers
Experience: Dip Law LPAB - Sydney based lawyer

Patrick H. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

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.
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!

Gary B.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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.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!!

ElaineAtlanta, 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.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,790 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,352 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I havnt any money in my account pay today. Perth. Boyfriend
Boyfriend in jail for breach of vro that he hadn't appealed yet I dropped vro one day before he could appeal he is on charges of burglery that I had found my phone I thought he stole another charge is for committing domestic violence against me the statement I signed I want to change have I legal rights if I was thinking under the influence of alcohol at the time … read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
Charged with drink driving with a breath analyse device
Charged with drink driving with a breath analyse device fitted to vehicle low to mid range in the state of Queensland… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My 17 year old son was the driver involved in a traffic accident
My 17 year old son was the driver involved in a traffic accident Dec 2015. He was tested for alcohol only at the scene and blew 0.00. He was not tested for drugs. He has now been requested by a detect… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I was fired on the spot from my workplace providing tech
Hi. I was fired on the spot from my workplace providing tech support 15th October. I commenced my employment start of May 2015. When I started, I was hired as a casual through an agency. Part of the t… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Hello there, I have a question in regards XXXXX XXXXX Outstanding
Hello there, I have a question in regards XXXXX XXXXX Outstanding warrents in Qld, Australia & Living in WA, Australia. For example Lets say a person potentially has outstanding warrants in Qld For Fa… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Last night my 18 year old son was charged with resisting arrest,
Last night my 18 year old son was charged with resisting arrest, assaulting a police officer and malicious damage for spitting in the cell he was being held in. He had been out with friends, was drunk… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Hi I have been charged for driving while disqualified this
Hi I have been charged for driving while disqualified this is my 4th time if i do not time if i do not attend court what will happen… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
driving on p plates alcohol reading 0.018 reckless driving
driving on p plates alcohol reading 0.018 reckless driving 100kl in 60 zone vehicle not display 2 plates… read more
Leon
Leon
Solicitor
Master's Degree
27,790 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
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
I am currently on a suspended imprisonment sentence. I was
I am currently on a suspended imprisonment sentence. I was charged last night with driving under the influence. Does this breech my suspended imprisonment order, when t go to court, or is traffic issu… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
Hi, my partner was recently caught with several bags of marijuana,
Hi, my partner was recently caught with several bags of marijuana, and has been charged with trafficking ( as he admitted to selling bags on and off for the past several years), possesion and supply, … read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
I was involved in a vehicle accident. The accident was not
I was involved in a vehicle accident. The accident was not my fault. Two cars collided, and one of them spun into my car. When breathalysed, results came back with a reading of 0.064, which is slightl… read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
Hello, i was recently caught driving with a reading of 0.165
Hello, i was recently caught driving with a reading of 0.165 and have to attend court on the 18th of august. I have been on my red p plates for 2 months(first time) and i am 30 years old. i have never… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 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
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
Im writing in refereence to my recent conviction in regard
I'm writing in refereence to my recent conviction in regard to driving under court suspension. I have two court suspension and was recently pulled over for driving under suspension. I am awaitign the … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
i have been disqualified for 1st offence mid range drink drive
i have been disqualified for 1st offence mid range drink drive for 6 months disqualified. I have been charged with drive while disqualified and would like to know the minimum sentence.… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
just got done for dui range of .194, first offence but my licens
just got done for dui range of .194, first offence but my licens had expired a month erlier what is likley to happen is there much chance of going to jail.… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
My son (27Yrs) has been charges with assault on police & resisting
My son (27Yrs) has been charges with assault on police & resisting arrest. At the time he was under the influence of drugs & alcohol. He is also a psychotic schizophrenic due to cannibis use. Will he … read more
Leon
Leon
Solicitor
Master's Degree
27,790 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 (last updated February 8, 2012).

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 (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x