What will happen to me if I am convicted ?
Let me offer these words of comfort to relieve some of your fears and anxieties.
THE MYTH OF A RESTRICTED LICENCE FOR WORK
A plea of guilty to the offence and submissions to the Court in mitigation of the offence.
What is the cause of Depression in a medical sense?
Why should the Court give you any leniency ?
DRINK DRIVING LAW
What will happen to me if I am convicted?
Many people when faces with a drink driving charged are nearly incapacity with fright and terror not knowing what is going to happen to them when they go to court.
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Let me offer these words of comfort to relieve some of your fears and anxieties.
Rarely does a court jail or incarcerate a Drink Driver.
Unless you have a terribly bad driving record you will not be sent to jail, notwithstanding the courts power to do so.
The last thing the court wishes to do is send a person to jail, however the court has plenty of other armament and powers to deal with offender including:
- Financial penalty or Fine,
- Good Behaviour Bond ;
- Loss of licence for a period.
- Directing a person to undergo treatment and rehabilitation .
- Referral of driver to a responsible driver program involving the use of approved interlock driving devises.
- stay the suspension of licence if the driver ”participate in an ignition interlock program”.
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THE MYTH OF A RESTRICTED LICENCE FOR WORK
No, a court will no grant a restrictive license so that you can continue to work and support your family .
However,you can however ask the court under Section 192 of the Road transport (General) Act to stay the suspension of your license if you “participate in an interlock program”.
Alternative it is imperative to minimise the period of disqualification, hope your boss can put you on alternative duties, or take your holidays or long service leave to eat up the disqualification period.
Without doubt the loss of license and the loss of ability to work is the most devastating and far reaching of all the penalties.
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What are my options ?
You can:-
- Plead “Guilty” and make submissions to the court to minimise the fine, and period of disqualification.
- Plead “not guilty” and firstly make the police prove their case “beyond all reasonable doubt” and defend the charge by proving other evidence exonerating you from the charge.
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Mouth Piece
Understandably, most people who have been charged with drink driving are very anxious and nervous before the Court.
That’s why it is advisable to have a lawyer as your mouth piece.
Lawyers know what courts want to hear.
The magistrate wants the lawyer to provide the court with information which will assist the magistrate in determining the appropriate punishment otherwise the magistrate will have no alternative but to apply the automatic period of disqualification and financial penalty .
In turn you have to assist your lawyer to find this “olive branch” to appease the magistrate.
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A guilty plea to the offence and submissions to the court in mitigation of the offence.
This is called a submission to the court in mitigation of the offence,
It says “yes I am guilty of the offence, but at that time I had a few difficulties and problems going on in my life including………”
There are literally thousands of things going on in everyone’s life including :-financial worries, loss of job, failed to get a work promotion, marriage problems ,boy friend /girl friend problems, medical problems of a loved one, death of a love one, death of a pet and so on.
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EXAMPLE OF DEPRESSION
Depression is the most insidious, pernicious, malicious, hateful, vengeful, cruel, evil spiteful, destructive affliction that anyone can suffer and is probably the most easily treated.
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What is the cause of depression in a medical sense?
It is generally a chemical imbalance in the brain.
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Why take Antidepressants?
To replace the missing chemicals in the brain.
You can’t get the missing chemicals for your brain from alcohol, vitamins or with all due respect to all psychologists in the world from counselling and talking about it.
Counselling is certainly a helpful adjunct to medication.
The really tragic thing about depression is that sufferers of depression are often unaware they are suffering from it, and just put it down to something else going on in their life.
Most innocent victims of depression self medicate with alcohol, as alcohol is readily and legally available.
Unfortunately alcohol is a depressant and in simple terms makes the sufferer even more depressed, and so the downward cycle into a hell hole of lost souls continues.
Unfortunately it is not “cool” to admit depression.
Call it anxiety, nervousness or anything else, but not depression.
Unfortunately depression is like a cancer/melanoma which simply grows and grows at a phenomenal rate until it knocks the sufferer to the ground .
The other sad aspect of depression is that sufferers go into denial and refuse to take their medication, and quickly sink back into the miserable morose of depression.
People say they are concerned about the addiction of medication and are told to pull yourself together.
The medication is not addictive, and has no other significant side affects .
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PREPARING FOR COURT
Before going to Court we need to see you to prepare your case.
We need to explain your case to the Court in the best possible light.
To do this we need your assistance.
With men this usually involves a lot of digging and probing. Men tend to disappear into their own contented world, which we call the “nothing box”. Women are generally much more attuned to what’s going on in their life.
Think of going to court as if you were applying for a job, and preparing you CV, with all your certificates, award, letters of appreciation and so on.
An employer is asking you to tell them “why are you the best applicant?” “Why should we give you the job?” “What’s different about your application and your circumstances that distinguishes you from the next applicant?”.
This is not the time to be coy about yourself. This is the time to blow your trumpet loud and long and it always comes better from someone else.
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Why should the Court give you any leniency?
- Prepare a resume or CV of your schooling, education, work history, family interests, community services awards, etc.
- Make a list of people who would give you a reference as to your good character, integrity, honesty, sobriety and work ethic.
- List of community organisations you give voluntary help and assistance to such as the Spastic Centre, Bush Fire Brigade, Surf Club and Little Nippers, Clean up Australia, Meals on Wheels, School Parents & Friends Association, and thousands of others.
- Produce all certificates and awards you have received.
- Undertaken the Drink Driver Rehabilitation Course.
- Certificates and reports from of your treating doctor and details of treatments and medication.
- Detail troubles that have occurred in your past or current life, such as – getting work, supporting your family, working 2 or more jobs just to survive, problems seeing your family or having a life outside work on so on.
- Consider whether you would be prepared to accept the terms of Section 192 of the Road transport (General) Act and ask the Court to stay your suspension of license if you ”participate in an interlock program”.
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LEGACY OF CONVICTION
Drink driving is a criminal conviction, not withstanding that most people would regard it at the lower end of criminal convictions.
People incorrectly regard a drink driving conviction as a driving infringement.
Unfortunately, the repercussions a drink conviction does not end at the door steps of the court as you leave.
Unfortunately a drink driving conviction follows you for the rest of your life.
A drink drive conviction is registered on your driving record and Criminal Record for all time.
It doesn’t help to have further dealings with the police.
Further Drink Driving offences within a 5 year period incur very severe punitive penalties and period of disqualification.
Driving whilst disqualified carry serious implications.
You have a continuing obligation to disclose serious driving offences to your insurer.
Your insurer may not ask you whether you have been convicted of any serious driving offence since your last insurance renewal, but in the fine print on the insurance policy which you receive from the insurer when you first took out the insurance, you will find a clause requiring your “continuing obligation of disclosure”.
You application vehicle insurance may be declined by your insurer if they consider you a “insurance risk”.
Alternatively, once the drink drive conviction is disclosed load your insurance premium to balance what the insurer perceives as their greater risk or exposure in offering you property damage insurance.
Far more insidiously and dangerously an event can occur after you have had an accident, involving a significant damages claim for which you are responsible.
Suddenly your insurer becomes very interested in your driving history and suddenly says ”had you told us about this conviction we would not offered you insurance. Also you failed to disclose your drink drive conviction, accordingly we decline you insurance claim and further we cancel your car insurance policy with us”.
Then for good measure, the insurance company retains your premiums payments.
The only way to overcome this problem is to immediately commence proceedings against your insurer, and we are only too happy to help.
Nevertheless be alert and aware.
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Call for your initial free telephone advice:
Jim Lyons Telephone 8383 3115
Email: jim@lyonsandlyons.com.au
Lyons & Lyons Level 2/35 Spring Street, Bondi Junction NSW 2022