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If you would like to discuss your case feel free to get in touch, please have your paperwork handy. A recent case dealt with under the new disclosure regime is McKelvey v Police HC Palmerston North 20. Listen to it in the background while you surf the net (it takes a minute to get to the interesting bits). Is it really possible to defend a drink driving charge?
So what is sufficient reason? Even if the BAC was only 0. In general, if an individual with a low range PCA in Australia does not provide Immigration Canada with sufficient police and court documentation, the. Judges in large cities are less likely to send drink drivers to prison than judges in the provinces. Since January 2000, the Drink Drive Rehabilitation scheme has been in place as a way for an offender to possibly reduce the length of their driving ban. Licensing or standards issues under government regulations, industry guidelines or fit and proper person rules. Despite the conviction, he feels relieved: the judge noted that it was a first-time offence and nobody was harmed, so imposed a modest punishment: a $500 fine plus court costs, no prison time, and a 6-month disqualification from driving. Rather, the key takeaway is that s157 DLNs are issued at INZ's own discretion, independently of the justice system. The court constructed what constitutes an 'ordinary case' of high range drink driving, and the similarity or difference of the matter before the court to this hypothetical ordinary case. A BACtrack personal breathalyser can monitor your BAC level, which can help prevent drink driving charges. However, if the police did not see you driving (and there is no other evidence to confirm their allegations) then the prosecution's case must fail. However, if you want to ensure the best possible outcome, then you should hire a specialist drink driving defence solicitor.
The judge must impose a zero licence when a person is convicted of drink driving twice within five years. Is drink driving a criminal offence? If you are suspended you are able to apply for a work licence immediately. The court will weigh up how important the breach is compared with the value of the evidence. "We just want people to do their best and plan. No such time limit exists for temporary visa applications, where character waivers are required indefinitely. In order to have the interlock removed (after a minimum of 12 months), the offender has to have at least six months worth of clean data, i. e. data showing no attempts have been made to start the car with alcohol on the breath. If you answer 'not guilty', the court case will come to an end for that day (be adjourned) and be heard again at a later date. Drink driving penalties are used to deter the offender from re-offending, encourage the offender to make amends, protect the general public and reduce crime by preventing re-offending. Applying for a Permanent Resident Visa. People who do not check their blood alcohol content (BAC) through a breathalyser before driving risk getting into accidents.
Your licence was suspended or revoked on medical grounds. The court will also consider the high range guideline judgment. Everyone is entitled to legal representation and a fair trial. Contractual, franchise or membership difficulties as a result of "no conviction" or good character clauses. The magistrates will assess the evidence presented by the Crown Prosecution Service (CPS) and the mitigating circumstances put forward by you, as the defence. It's important to understand that the police must follow correct procedures to ensure there is sufficient evidence to obtain a conviction and your rights are protected in law. When searching for a new job, it will be necessary to reveal your criminal conviction to any prospective employer which could make finding employment difficult. 16) The officer in charge must be able to produce his notebook at the hearing. The judge also has the option of sending the offender to prison for up to two years. If you have been charged with drink driving, then this is a decision you have to make.
In reality, if convicted of your first drink driving offence, you will normally be fined between $400-$1, 000 (depending on how high your breath/blood alcohol level was) and disqualified from driving for the mandatory period of six months. There are limited defences for drink driving but they exist and if available should be pursued. Contact us now to see how we can alleviate your concerns. 1) The advice of the result of the evidential breath test should be immediate. Those convicted of drink driving over the old limits face mandatory disqualification from driving, mostly for fixed periods of time. However, there were extenuating circumstances that explain your guilt. This can be for between 40 and 300 hours. It is important to note that upon the expiry of an interlock or zero alcohol licence, a person will be unlicensed.
You could get hefty fines and 50 demerit points up until 0. Mid Range PCA vs. High Range PCA. As long as you were not sentenced to prison, the conviction will impact character eligibility for five years only. Co-operation with the police and authorities. Breath test readings and blood sample results are not always accurate. Unfortunately, many people think of drink driving as just another traffic infraction, similar to not wearing a seatbelt, or driving a few kilometres over the speed limit. You risk your car being seized and sold by the court. Excessive breath alcohol (EBA) from NZ can prevent the offender from being allowed to fly into Canada, and can result in the denial of their Working Holiday Visa application. If the police note any signs of possible impairment, the Government of Canada will likely consider the traffic violation to be equivalent to a full DUI conviction on their soil. Questions about going to Canada from Australia with a drink driving incident?
Apply for a new one once they have been issued a Canada TRP or approved for Rehabilitation. "We know this and it's why we have such a focus on those two behaviour types. Such a charge is heard in the criminal jurisdiction of the District Court and a criminal conviction is recorded against your name if you plead guilty or are found guilty of the charge. Here each case will depend on its own circumstances and background. Australians who retain the services of our immigration lawyer. Passenger Service Vehicle Licence breaches, endorsements and appeals. 16% is subject to up to 3 months prison terms, $4, 500 in fines, and 6 months or more license disqualification or suspension.
A 3 year zero alcohol licence order in some cases, which means you must have no alcohol in your system when driving. Mandatory interlock sentencing applies to anyone caught driving with an alcohol level at or more than 800 micrograms of alcohol per litre of breath, or more than 160 milligrams of alcohol per 100 millilitres of blood, or who has been convicted of a drink-driving offence within five years of the sentencing offence. Commercial Charges include: - Road User Charges. Full disclosure must be provided "as soon as is reasonably practicable subject to any order made under s30 (enables an application to the Court for an Order for information to be disclosed or s32 enables the Court to make Orders setting out a timetable for disclosure. If these witnesses are not summoned or fail to turn up, then the prosecution's case may fail. One for the Road: 4. The police have the power to stop vehicles at random, however they cannot perform completely random breath tests. In effect, a zero licence for adults temporarily imposes the same legal limit as that which permanently applies to all teenagers – zero. For example, it is no defence to a drink-drive charge against you that the police didn't follow the testing procedures exactly so long as there was reasonable compliance with these procedures.
You should also consider how you will pay for your legal advice. Section 3 of the Act states: (1) The purpose of this Act is to promote fair, effective and efficient disclosure of relevant information between the prosecution and the defence and by non-parties for the purposes of criminal proceedings. The consequences of a criminal conviction or even an infringement may extend well beyond the actual sentence or fine. Disqualified Driving. Other penalties include fines, community work, community detention, home detention and prison. DR60 - Failure to provide a specimen for analysis while in charge of a vehicle||4 years|.