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I have to go to court for a DUI next month and I was

Hi, I have to...

Hi, I have to go to court for a DUI next month and I was wondering what punishment I'm most likely to get. I have a previous conviction of Careless use of a vehicle causing injury in 2009 and a DUI in 2012. The breath test came up as 700, what's the judge likely to do?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Christchurch new Zealand.

Lawyer's Assistant: What steps have you taken so far?

Nothing right now, I have to wait til the court date to find out what happens to me.

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

I will be asking the free duty lawyer person you get at the courts for no community service because it will affect my partner and I caring for our 11 month old child. ok

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Answered in 5 minutes by:
3/16/2018
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,839
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Customer reply replied 5 months ago
Ok

If the previous drink driving was within 5 years you would have a problem, but you are likely to get a substantial fine and loss of licence for 6-12 months. The fine could be around $1000 to $2000 depending on your ability to pay. However the judge may possibly ask for a presentence report to see if you have a drink problem, and consider community service, especially if you cannot pay a large fine

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Customer reply replied 5 months ago
Ok I see is the fine so much because I would be asking no community service?

If you cannot pay a fine then the alternative is usually community service

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Customer reply replied 5 months ago
Could I ask the judge to consider confiscation of my car if the fine would be difficult to pay off?

But the judge could decide in the light of the previous convictions, and the high reading on this occasion, that community service was the appropriate sentence. If you cannot pay a fine imposed the court bailiff may take your car anyway. But the judge doesnt have power on sentencing to take your car

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Customer reply replied 5 months ago
Ok so best case scenario for me is the loss of licence and pay the fine the judge thinks I can pay. I was expecting since it was my third charge they would impose home detention.

Thats possible but community service is more likely

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Customer reply replied 5 months ago
Based on your experience how many hours of community service would someone get in my case?

Something around 100 hours

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Customer reply replied 5 months ago
Oh damn. Would a judge consider no community service for someone who works 5 days a week and their partner works the other 2 and they each care for a child under 1 while the other is working?
Customer reply replied 5 months ago
If he was told it was their only way of making ends meet.

If you can pay a fine then that is a real alternative

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Customer reply replied 5 months ago
Looks like a chunk of my savings is going to the govt. Thanks for your time and your answers, they have given me some peace of mind.
Customer reply replied 5 months ago
Enjoy the rest of your night :D

Thank you for the reply and for using this site. You may ask further questions or rate this answer when you are ready.

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Customer reply replied 5 months ago
Good advice, thanks.

You're welcome. Thanks for allowing me to assist you. If you have further questions, let me know. If not, please rate me now so I can be paid.

Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,839
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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