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I was charged with DUI last Sunday morning at 02:13 am at…

Customer Question
I was charged with...

I was charged with DUI last Sunday morning at 02:13 am at the police station in Hobart. My breath alcohol level was .120. It was a random breath test and no speeding or breaking any other traffic laws were detected. I was alone in the car and driving through Mount Stuart on my way home to Mount Stuart. I have been asked to appear at the Hobart Court of Petty Sessions on January 15th 2018. I am 72 years old, this is my first offence, and my driving record is/has been exemplary up to this point. Am I likely to lose my licence, and if so, for how long?

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

Hobart, Tasmania

Lawyer's Assistant: Do you need to appear in court?

I've been asked to appear in court (the Hobart Court of Petty Sessions) on January 15th 2018

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so, other than the fact that I've been unbelievably stupid. I always walk or get a taxi if I feel that I could be over the limit. It was pouring with rain, I had no money left for a cab, no phone to ring anyone, and had walked out of the pub at approximately 1:00 am. I walked through virtually deserted streets, got soaking wet, and stupidly decided to drive the last kilometre and a half to my home (all uphill and very steep). But, obviously, I shouldn't have done it.

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/7/2017
Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,714
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 7 months ago

Good Morning

Because of your age and there not being any other such charges on your record the court may show leniency and give you a spent conviction

This means that you are found guilty but it is not recorded and you keep your licence.

I would strongly suggest you pay and have a solicitor that practices in Criminal Law represent you and they wll also ask you to get references as to your character to show the court you are a law abiding citizen in the community.

This will assist the court in making its decision.

It is a high range matter and serious but your record and past will assist you.

The fact you were caught by a random DUI is also in your favour. If you were stopped because of irratic driving would have been worse.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Solicitor: Leon, Solicitor replied 7 months ago

Good Afternoon

I am following up my last post and seeing if there is anything else I can assist you with?

I look forward to hearing from you.

Regards

Leon

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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).

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