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.053 you dumb arse!

Discussion in 'Politics, Laws, Government & Insurance' started by Wallsy, Mar 5, 2009.

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  1. Gday all

    Well I've royally screwed up this time and am looking for some advice... Unfortunately it's a bit long winded but I'd appreciate any help from those in the know!

    A note before though, I don't need any more arse kicking (done plenty of that myself! :shock:) and obviously I'll be seeking more official advice elsewhere.

    So the story goes...

    I've been on my bike L's about 8 months and have held a full car licence for ~ 4 years. About 4 weeks ago I came off on West Head Rd, the only 'real' injury a broken collarbone which is more a nuisance than anything.

    I'd set up for the corner at a speed I was comfortable with (which isn't fast at all), but it tightened up half way through and I found myself out of my depth staring at the rail which of course I ran into (classic! :oops:).

    After tumbling down the road (all geared up) I jumped up and thought something along the lines of "shit that wasn't so good!" :eek: The bike wasn't rideable and I knew something around my right shoudler wasn't right. I was riding with a mate which was great. Initially I was just going to call someone to come get me but with most of my mates living in the eastern suburbs that would have taken all day so decided to use the old ambo service I pay for every year.

    They came (eventually - good thing I wasn't dying!) and took me to the hospital for x-rays and a blood sample to send off to the pathologist. Then the cops took a statement. My first question is here... what is the criteria for the cops getting involved? Do they show up for any road accident resulting in someone going to hospital?

    Fast forward to yesterday (4 weeks later) and everything's looking good! Still dealing with insurance but was looking at making money (first for me!) and collarbone's good as gold.

    And then... :evil:

    "G'day it's Officer Plod here i've got some bad news... blood test came back and you're BAC was .053. There'll be something in the mail re: appearing in court have a nice day."

    Followed by "@#$%" x 10 or something like that. I must admit I was 'semi' on the piss the night before but didn't finish particularly late. I sure as hell didn't expect to return a reading anywhere near .053 at what was probably around 6 or 7 pm or...

    Firstly I wouldn't have been on the bike!

    Secondly I would have waited for a mate to come get me rather than being thrust into 'the system' by the ambo!

    [insert South Park Stan "You see we've learned something today..." lesson]

    Well that put's a dampener on a few things!! Firstly I assume insurance is out the window and the bike which the assessor wrote off is all mine again to look at and cry!

    Secondly I gotta go to court - jeesus i'm not a criminal! My history is 2 speeding fines in the car in 7 years, that's it. So here go the questions...

    • Am I still in what they call the "low range" being a learner rider?

      I assume I plead guilty 'caus it's a bid hard to dispute a number on a 'blood report'?

      Is there any way to wriggle out of this?

      Any point getting a lawyer?

      I read something about taking written character references. Good idea?

      Any other advice?

    Thanks folks - would greatly appreciate any advice!
  2. I suggest you grow a pair of boobs, I've known heaps of chicks let off at that level, but no blokes I know have. One mate had to go to court, etc for blowing 0.055.

    I think you might be stuffed sorry mate. But dont they have to take a secondary reading? Or is that only when the first reading is off a breathalyser, anyone? Tramp?
  3. L's has a 0.00 limit doesn't it? - in which case you were already screwed, being over 0.05 just makes you extra screwed.

    Definitely seek legal advice, almost guaranteed you'll cop some sort of penalty but you can at least minimise the severity of that penalty. And yeah, forget about insurance - they almost always have a clause excluding payment in the event of drink-driving.

    Edit: If you're not going to go for a lawyer at least read this:
  4. Indeed it does. L's, P1's and P2's is 0.0000000000000000000000 BAC.

    Edit: I'm not sure what advice there is to give. To the best of my knowledge, the Police are to be notified whenever there is a serious injury (requiring hospitalisation) or fatality. And whenever there's an accident that causes a serious injury or fatality, BAC levels are checked.
  5. You'll lose both your car and bike license, and have to go to court, 6 month ban, and a couple hundred dollars in fines. The judge will tell you you have a drinking problem and that you can't be trusted. :jerk:

    Honestly, it's not that bad. You get browbeaten and embarrased, but there's always a way to get around. I did 11 months at one stage. Get a pushie and treat it as a chance to get fit. I still view my license suspension as a very positive time. Think of it this way - you'll party harder than ever before, because you NEVER have to drive home.

    What you don't want to do is ever, ever get caught again. One more time and the fines jump up like crazy and so does the suspension. Two more times and you could go to jail.
  6. In that case it's a lot more than a minor "just over the limit" offense.
    More serious drink-driving offences carry the possibility of jail, so you'll definitely be wanting to seek legal advice.
  7. I wouldn't bother with a lawyer. This case is cut and dry, the penalties are prescribed. No need wasting more money, you'll have a fine to pay.

    Any lawyers out there reckon otherwise? Be interesting to hear.
  8. NSW laws don't seem very specific on this (I'm bored at work so I've been searching). There's a special offence for learners that are between 0.00 and 0.02 - but it makes no mention of what penalty applies once you go over that 0.02 threshold. Unless maybe they hit you with both the 0.00-0.02 offence and the over 0.05 offence :? .
  9. So did the hospital take the blood test?

    How the feck did you blow .053 the evening after drinking? Did you swim in the booze?
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