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If you have drink driving charges against you, please contact us now for legal advice. If you're facing a drink driving penalty as a first offence, it's important to understand the legal process ahead and the penalties if you're found guilty. 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. It does not matter if you were not actually sent to prison – all that matters is that the offence had the potential of a 3-month prison sentence. Some websites contain incorrect or misleading information. Previously, Australians could sometimes get away with. Have you been caught drink driving? Undue hardship to family members could also arise where the applicant is the sole or designated caregiver and is required to drive in order to care for dependent family members. The magistrates will assess the evidence presented by the Crown Prosecution Service (CPS) and the mitigating circumstances put forward by you, as the defence. Jerome Dehar, 24, labourer, of Hinds, appeared before Judge Joanna Maze in the Timaru District Court on Tuesday, charged with driving with a breath alcohol level over 400 micrograms (mcg) per litre of breath. This is the minimum penalty that can be imposed for drink driving, the level of alcohol in a persons system is a crucial factor that courts consider when determining the appropriate penalty. Having to pay a fine is a financial burden. Zero alcohol licence. First time drink driving offence. If these witnesses are not summoned or fail to turn up, then the prosecution's case may fail.

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People who do not check their blood alcohol content (BAC) through a breathalyser before driving risk getting into accidents. To obtain a limited licence it is necessary to demonstrate disqualification from driving will result in extreme hardship to the applicant, or undue hardship to another (usually an employer or dependent family member). Police figures show more than 1500 such offences have been recorded since the legislation was introduced - the police recorded the number of offences committed while on an interlock order, as opposed to the number of people who committed them. The course must be offered by the courts at the time of sentencing. Is there anything I can do to reduce the penalties I am facing if I am convicted of drink driving? What are the best drink driving defences? Drink driving first offence. You may respond to the DLN, explaining to INZ why the deportation should not take place. Even the least-serious drink driving offence carries penalties including an unlimited fine and a driving ban of up to 12 months for a first offence. If you successfully plead special reasons, then your driving ban will either be reduced or removed altogether. If you actively refuse, then you may be charged with refusing to provide a sample. In reality, if convicted of a third or subsequent offence, the penalty could range from a high fine to community work, community detention, home detention or imprisonment; or a combination of these.

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Even if you plead guilty, it is possible to get the sentence reduced by presenting special reasons and/or mitigating circumstances. This applies, regardless of whether you intend to plead guilty or not guilty. Drink Driving Penalties First Offence. 6: Removal of device. In more complicated cases and trials Douglas Mitchell invoices at an hourly rate for time spent, ensuring you receive regular invoices so that you fully aware of costs incurred. Once convicted of driving with EBA and disqualified from driving, it might be possible to make an application to the court for a limited licence, sometimes referred to as a 'work licence'. Most people do not have the legal knowledge or advocacy skills to do this themselves. How much harm the drink driving caused or could have caused.

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No previous convictions. It is an offence to fail to co-operate with a preliminary roadside breath test. 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. A: The legal limit is 35 microgrammes of alcohol per 100ml of breath or 80 milligrammes of alcohol per 100ml of blood. There was considerable debate during sentencing in April as to appropriate steps, and in the end Sexton was sent back to square one: a further 28-day disqualification before being able to get a new alcohol interlock device fitted, and more community work. First time drink driving offence nz. On this site I cover a number of topics that address the most common charges and frequently asked questions. Penalties for High Range Drink Driving. Then there is all the reputational damage that comes with a drink driving charge. A community work sentence instead of a licence disqualification. People sometimes think that if they lose their licence they will be able to obtain a "work licence".

First Time Drink Driving Offence Nz

It can affect your relationships, your freedom and independence and could have a detrimental impact on your mental health. A list of the most popular web browsers can be found below. Have you taken steps in your own life to address its causes, such as seeking therapy or treatment for alcoholism?

First Time Drink Driving Offence

The legal limit for adults driving in New Zealand is 400 micrograms of alcohol per litre of breath or 80 milligrams of alcohol per 100 millilitres of blood. Will not need to stress about such details, however, as we will submit the application directly to the correct Immigration, Refugees and Citizenship Canada (IRCC) office on their behalf. In determining the appropriate sentence, the court will take into account the unique circumstances of an offender including the person's character, any prior criminal and traffic history, their need for a licence, and any subjective material – for example, character references. This can be a complicated area of the law, especially where you were unconscious or incapacitated. Any amount of alcohol can get them in trouble. First Time Drink Driving Offence in NZ: What are the Repercussions? -BNZ. Interlock devices are wired into a vehicle to prevent it starting if alcohol is detected on a driver's breath. 5) The officer in charge may not leave the person alone for the ten minute period and then fail to check during/after time whether a blood test was wanted.

Prior to December 2014, the maximum allowable level of alcohol (the legal limit) while driving was 400 micrograms of alcohol per litre of breath or 80 milligrams of alcohol per 100ml of blood. 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. Likely Penalties for High Range Drink Driving. data showing no attempts have been made to start the car with alcohol on the breath. See our motoring defence fees page to find out more about our fixed fees. Disagreeing with INZ's decision to issue the DLN is not grounds for appeal to the Tribunal. You were fleeing from grave danger.
Alternatively, if you have two such convictions within a five year period, you will also be subject to an alcohol interlock licence, no matter what your breath/blood count was. Confiscation and sale of the car or any replacement car in some circumstances. Being unable to drive for a minimum period of 12 months will really impact your independence, your ability to work, your family life and so many other things. So if you have any alcohol at all in your breath or blood, you can be fined and given demerit points. First & second offences.

You were significantly over the limit – in which case, the minimum disqualification ranges from 12 months to 36 months, depending on the amount of alcohol in your system. If you are interested in moving to Canada for any reason, including for a working holiday or to. If a limited licence is required, it is best to get in touch with a lawyer as soon as possible following a conviction to discuss making an application. A character waiver is INZ's assessment on whether to grant you a visa, even though you don't meet character requirements. When he leaves the bar, he monitors how drunk he feels and decides he's clear-headed enough to drive home. 7) The officer in charge or the officer in charge's partner must not verbally abuse the detained person. If the circumstances do not meet the legal test, then the case must be thrown out. Apply for a new one once they have been issued a Canada TRP or approved for Rehabilitation. It's not an offence to refuse to take a passive 'sniffer' test (where you are requested to speak your name and address) or to refuse a breath screening test. If you have been charged with a traffic offence you are at risk of losing your licence. Small mistakes by the police in following the proper procedure will not always mean that the judge will exclude the evidence. This is achieved by carrying out a 'back calculation'. Commercial Charges include: - Road User Charges.

20) A copy of the evidential breath test must be exhibited at the hearing. You can represent yourself in court if you want to. Penalties for a third or subsequent excess breath/blood alcohol conviction: If you are facing a conviction for a third or subsequent excess breath/blood alcohol offence you are looking at a maximum term of imprisonment of two years or a maximum fine of $6, 000, together with disqualification from driving for a minimum period of one year and one day. This included a request for copies of all police notebook entries and job sheets, any maps or diagrams, any "use of force" report and any recording or transcript of any police emergency or similar communications. 16% is subject to up to 3 months prison terms, $4, 500 in fines, and 6 months or more license disqualification or suspension. If the period of disqualification was less than 1 year, then it is simply a matter of applying to have the licence reinstated. Your licence was suspended or revoked on medical grounds.

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