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4 posts

Wannabe Geek
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Topic # 223182 17-Sep-2017 21:50
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Hi guys, I have a few quick questions for those of you who have had the unfortunate pleasure of having to attend court for a DUI offence.

1. My court date was set by the constable who arrested me and I want to know if I receive any follow up from the courts confirming this date? Or do I just show up on the day?

2. Secondly, I am not a local. I was planning on making my life year or at least spending 2-3 years here but having made this horrible mistake I will likely lose my job and face deportation charges so I have made the decision to go home. If I plead guilty on the day of my first court hearing and the penalty is a fine and disqualification, will I receive my sentencing on the same day and be able to make payment there and then? I ask because I intend on flying out the next day and would really just like to put this ordeal behind me. I really don't want to have to plead on one day and be sentenced on another. I'm hoping that it it can all be sorted in one day. Based on your experience, does this happen over a number of different days or can it all be handled on that day?

3. My reading was 706 and I was charged with dangerous driving. Is there a possibility of jail time? If it were just an EBA charge, I'd be pretty sure it would be just a fine and disqualification but with dangerous driving too could the penalty be jail or will it just a be a larger fine and longer disqualification?

I am an idiot and I am so sorry for what happened. I was selfish and careless. There's nothing I wouldn't give to go back to that day and just walked home. I will live with this for the rest of my life. 

Anyway, I do appreciate any feedback. Thanks.


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1731 posts

Uber Geek
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  Reply # 1867703 17-Sep-2017 21:55
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You need to talk to a lawyer, in person, ASAP.




Location: Dunedin

231 posts

Master Geek
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  Reply # 1867704 17-Sep-2017 21:58
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You want to check that with a lawyer ASAP, check your CAB if you cannot afford one. Asking random people on the internet about such serious matter is poor judgement.


 
 
 
 




4 posts

Wannabe Geek
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  Reply # 1867706 17-Sep-2017 22:03
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I will get in contact with a lawyer ASAP. Thanks. 


854 posts

Ultimate Geek
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  Reply # 1867713 17-Sep-2017 23:07
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Previous advice applies - SEE A LAWYER.  But:

 

 

 

http://communitylaw.org.nz/community-law-manual/chapter-33-driving-and-traffic-law/court-processes-how-driving-offences-are-dealt-with-chapter-33/

 

 

 

That should give you a general gist.   It's possible you will be offered diversion, but I'm not sure how that works, talk to a lawyer and see what they say.




4 posts

Wannabe Geek
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  Reply # 1867715 17-Sep-2017 23:15
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Thanks for that. I think I've read every bit of available literature on the issue since it happened on Friday night and have a pretty decent understanding of the gravity of my situation. I have a plan in place to face up to what I have done and as has been suggested, from this point on proper legal counsel is what I'll be needing to see it through. I am an idiot. Never have I wanted more to be able to just go to bed and never wake up again.  


3294 posts

Uber Geek
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  Reply # 1867797 18-Sep-2017 08:45
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You won't go to prison, especially not for a first offence where no one was injured. 

 

We are fairly lenient on people who make their first mistake (jeez, some people seem to rack up 20 or 30 DUI's without going to prison). 

 

Call citizens advice (google it), they will free advice and can even refer you to a lawyer.

 

 

 

 


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Uber Geek
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  Reply # 1867802 18-Sep-2017 08:52
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marpada:

 

Asking random people on the internet about such serious matter is poor judgement.

 

 

Why criticise the OP in an obviously stressful time? 

 

I disagree anyway. This person is foreign and does not have a local support network . It is sound judgement to seek advice from local internet communities rather than trying to bumble your way through the system in the dark. 


957 posts

Ultimate Geek
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  Reply # 1867808 18-Sep-2017 08:58
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MistakeMade:

 

I am an idiot. Never have I wanted more to be able to just go to bed and never wake up again.  

 

 

You remorseful, that's what counts. Don't entertain those negative thoughts, put them in their place and focus on moving forward. Everyone has done stupid things in the past, we all human and we all fail now and again. Our failures can mold us and make us better human beings in the end. 

 

If its any compensation, dangerous driving is something many of us have done. The difference is not all are caught.

 

Chin up, you will look back one day and realize you were being an idiot. We have all been there, and we all have stuff that we not proud of. Good luck in court.


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Uber Geek
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  Reply # 1867813 18-Sep-2017 09:07
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No way you will get jail time for first offence, Watch police 10/7 and you will get 6 months loss of licence and a fine

 

Linux


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Ultimate Geek
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Reply # 1867814 18-Sep-2017 09:09
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3. My reading was 706 and I was charged with dangerous driving. Is there a possibility of jail time? If it were just an EBA charge, I'd be pretty sure it would be just a fine and disqualification but with dangerous driving too could the penalty be jail or will it just a be a larger fine and longer disqualification?

 

 

 

 

You were nearly 3 times over the legal driving limit? How could even walk, let alone drive? This really pisses me off as I've had 3 friends die in car crashes caused by drunk drivers. I'd be happy if you were to never get your Drivers license back again! I'm also willing to bet this was not your first time you've driven drunk; it's just the first time you've been caught and now you're sooo very sorry how this is going to affect your life. Are you willing to stop and think how it would affect other peoples lives had you crashed and killed/injured another person? 

 

It's time you manned up and accept whatever punishment you get dished out rather than looking how you can reduce the severity of the punishment on yourself.

 

 

 

*Rant over*


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Uber Geek
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  Reply # 1867830 18-Sep-2017 09:24
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maoriboy:

 

 

 

You were nearly 3 times over the legal driving limit? How could even walk, let alone drive? This really pisses me off as I've had 3 friends die in car crashes caused by drunk drivers. I'd be happy if you were to never get your Drivers license back again! I'm also willing to bet this was not your first time you've driven drunk; it's just the first time you've been caught and now you're sooo very sorry how this is going to affect your life. Are you willing to stop and think how it would affect other peoples lives had you crashed and killed/injured another person? 

 

It's time you manned up and accept whatever punishment you get dished out rather than looking how you can reduce the severity of the punishment on yourself.

 

 

 

*Rant over*

 

 

Hopefully, you feel better after that outburst? 

 

Whatever you think you achieved, you probably didn't. 

 

It's clear to me he/she seems genuinely remorseful and hasn't said anything about trying to minimize the punishment, just trying to understand the timeline so as to allow them to go home. 

 

OP sounds like you just learned a valuable lesson, thankfully without anyone getting hurt, which is pretty lucky. There is no substitute to a Lawyer in this situation. They will have represented plenty of DUI's most likely, unfortunately, this is more common than it should be. They will know timeframes, likely consequences.

 

 

 

 

 

 

 

 


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Uber Geek
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  Reply # 1867831 18-Sep-2017 09:25
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Too harsh dude.

He’s very remorseful, and asking what consequence to expect, not how to get out of it!

@ OP seek the help you need and take the lesson as learned. Each day is new, though the consequence remains, learn from it and move on to not repeating the mistake.


957 posts

Ultimate Geek
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  Reply # 1867837 18-Sep-2017 09:29
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maoriboy:

 


3. My reading was 706 and I was charged with dangerous driving. Is there a possibility of jail time? If it were just an EBA charge, I'd be pretty sure it would be just a fine and disqualification but with dangerous driving too could the penalty be jail or will it just a be a larger fine and longer disqualification?

 

 

 

 

You were nearly 3 times over the legal driving limit? How could even walk, let alone drive? This really pisses me off as I've had 3 friends die in car crashes caused by drunk drivers. I'd be happy if you were to never get your Drivers license back again! I'm also willing to bet this was not your first time you've driven drunk; it's just the first time you've been caught and now you're sooo very sorry how this is going to affect your life. Are you willing to stop and think how it would affect other peoples lives had you crashed and killed/injured another person? 

 

It's time you manned up and accept whatever punishment you get dished out rather than looking how you can reduce the severity of the punishment on yourself.

 

 

 

*Rant over*

 

 

You making lots of assumptions there Maori Boy. and seem to be passing judgement without even knowing the facts.

 

Kudos to the op for manning up already. Unfortunately you seem to have missed that.


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Uber Geek
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  Reply # 1867843 18-Sep-2017 09:37
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I have a mate who blew over 900 the next day and could walk in a straight line and was 100% coherent. Drawing to many conclusions there MaoriBoy which is not fair or moral at all.

I'll keep in mind next time you post looking for help and I'll just put you down and tell you that you are an idiot for being in that position. 


327 posts

Ultimate Geek
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  Reply # 1867852 18-Sep-2017 09:43
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MistakeMade:

 

Hi guys, I have a few quick questions for those of you who have had the unfortunate pleasure of having to attend court for a DUI offence.

1. My court date was set by the constable who arrested me and I want to know if I receive any follow up from the courts confirming this date? Or do I just show up on the day?

2. Secondly, I am not a local. I was planning on making my life year or at least spending 2-3 years here but having made this horrible mistake I will likely lose my job and face deportation charges so I have made the decision to go home. If I plead guilty on the day of my first court hearing and the penalty is a fine and disqualification, will I receive my sentencing on the same day and be able to make payment there and then? I ask because I intend on flying out the next day and would really just like to put this ordeal behind me. I really don't want to have to plead on one day and be sentenced on another. I'm hoping that it it can all be sorted in one day. Based on your experience, does this happen over a number of different days or can it all be handled on that day?

3. My reading was 706 and I was charged with dangerous driving. Is there a possibility of jail time? If it were just an EBA charge, I'd be pretty sure it would be just a fine and disqualification but with dangerous driving too could the penalty be jail or will it just a be a larger fine and longer disqualification?

I am an idiot and I am so sorry for what happened. I was selfish and careless. There's nothing I wouldn't give to go back to that day and just walked home. I will live with this for the rest of my life. 

Anyway, I do appreciate any feedback. Thanks.

 

 

I have a lot of knowledge and experience of this sort of matter.  To answer your questions;

 

1) Just turn up on the day - you will get no extra confirmation other than the bail bond or the summons you were issued on the night.

 

2) Generally for a first offender with that combination of offences you can be sentenced on the same day you make your plea, but all Courts run their business differently so depending on where you appear you may or may not be able to do that.

 

3) You will not get jail time.  You will be looking at a fine plus disqualification.  Normally for the EBA by itself you would end up with a fine around $700 plus court costs, and 6 months disqualification.  Expect an uplift to take account of the dangerous driving charge.  Get your lawyer to ask for concurrent disqualifications.

 

You cannot receive diversion for either of these offences.  Anything with a mandatory disqualification period can not be considered for diversion.

 

You can apply for a limited licence for work purposes but there will be a 28 day stand down before you can make the application.

 

All of the above answers are given with the assumption you have no previous convictions.


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