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Topic: Calling all lawyers - Bogus DUI charge
Jimbo
Posts: 82
Location: Brisbane, Queensland
As this has always been a hotspot for real knowledge i was wondering if anyone could shed any light on the law regarding gettin DUI 0.080. I have been sapina'd and for the sake of the court, am hopeing to start med next year.

Ideas?.... go
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Strik3r
Posts: 1522
Location: Gold Coast, Queensland
whats bogus about it... you were over the legal limit and got caught :o
ravn0s
Posts: 7089
Location: Brisbane, Queensland
what striker said
greazy
Posts: 873
Location: South Korea
haha suck f***ing s***.

ps you dont have a chance in hell to get into med
Boxhead
Posts: 11805
Location: Brisbane, Queensland
I have been sapina'd and for the sake of the court, am hopeing to start med next year.
I'm no lawyer but presumably this means you've been breathalysed, arrested, tested, failed the test, charged, (released? or bailed?), now you've got your day in court.. .08 seems high, you can pretty much kiss medicine goodbye for good reason it seems.. f*** having a drunk doctor
Strik3r
Posts: 1523
Location: Gold Coast, Queensland
tbh .08 isnt high.. in fact, it used to be the legal limit in other states in australia and is the current legal limit in the USA.. but unfortunately, rules is rules. If you have a good driving history and no other record, you will probably get away with a 12 month license suspension. gl !
Boxhead
Posts: 11806
Location: Brisbane, Queensland
sorry meant high enough for you to 'feel' that driving isn't the smartest thing to be doing.. not the actual number
Bah
Posts: 3017
Location: Brisbane, Queensland
tbh .08 isnt high
It's higher than .05
Persay
Posts: 5250
Location: Brisbane, Queensland
larger
Jimbo
Posts: 83
Location: Brisbane, Queensland
nah, its higher
d[o_0]b
Posts: 2475
Location: Brisbane, Queensland
ironically now you can do what all med school flunks do... law school!
Jabroney
Posts: 973
Location: Queensland
wtf coey!

that sucks and all, but it isn't going to effect med school at all man. dont worry about that.

fade
Posts: 3416
Location: Brisbane, Queensland
ironically now you can do what all med school flunks do... law school!


You can get an LLB, but its almost certain you won't be admitted to practice law with a DD conviction either.
Superform
Posts: 5202
Location: Netherlands
i dont think it will affect med school..

just tell em you wanna be a radiologist
d[o_0]b
Posts: 2476
Location: Brisbane, Queensland
You can get an LLB, but its almost certain you won't be admitted to practice law with a DD conviction either.


do go on, please..
whoop
Posts: 12940
Location: Brisbane, Queensland
sapina'd
subpoena
more like subpwnad amirite.
fpot
Posts: 15628
Location: Gold Coast, Queensland
f*** me what a retard.
infi
Posts: 9928
Location: Brisbane, Queensland
it's a setup
Crakaveli
Posts: 2853
Location: USA
Wait... what?

Are you f***ing retarded or something.
Tollaz0r!
Posts: 9123
Location: Brisbane, Queensland
You got done.


If you cant do the time, don't do the crime.



Alternatively.

If you do have some sort potential reason why you could get out of it, try and find a Queens Council lawyer that will help you. That will be hard to find though, because you were driving over the legal limit.

You may still be able to go to Med school. When/if you graduate go overseas and do the the Drunken Dr Death thing in Mexico for a few years.


last edited by Tollaz0r! at 07:43:12 19/Oct/08
Kat
Posts: 10140
Location:
Show up in court with a good lawyer and some personal references. Plead guilty and ask for a no conviction to be recorded
natslovR
Posts: 5924
Location: Sydney, New South Wales
good lawyer & de-scruff.
Obes
Posts: 6698
Location: Brisbane, Queensland
Someone ban kat and post kat.zip, she gave good advice
Kat
Posts: 10141
Location:
Every now and again I have my moments.
DecayingCorpse
Posts: 1588
Location: Brisbane, Queensland
grease up and prepare to bend over.
scooby
Posts: 3557
Location: Brisbane, Queensland
did you sit in the booze bus for half an hour and wait to be re-checked to see if your level has dropped below legal?
Saint
Cainer
Posts: 2185
Location: Brisbane, Queensland
This has to be a troll, nobody is that dumb and nobody who spells that badly is going to get into med school anyway.
Strik3r
Posts: 1524
Location: Gold Coast, Queensland
fair comment :P
E.T.
Posts: 1534
Location: Queensland
Don't interfere Kat, natural selection is at work here.
Mr Hardware
Posts: 3742
Location: Brisbane, Queensland
Calling all moderators - Bogus DUI thread
Jim
Posts: 8716
Location: Brisbane, Queensland
I think the word you're looking for might be summoned, I think subpoena is usually used for witnesses/evidence not the actual defendant
Fn
Posts: 5246
Location: Brisbane, Queensland
I hearby summon you to my PANTS
Kat
Posts: 10142
Location:
oh you
thermite
Posts: 392
Location: Brisbane, Queensland
Damn... a whole thread full of comments and this Jimbo guy never really told us what happened.

subpwnad


ahaha
Jim
Posts: 8718
Location: Brisbane, Queensland
now there's a court date I wouldn't miss f***les
Fade2Black
Posts: 4358
Location: Brisbane, Queensland
Personally, the way you wrote the initial post makes me hope you never become a doctor.
thermite
Posts: 393
Location: Brisbane, Queensland
I never understand what doctors write though
Fn
Posts: 5247
Location: Brisbane, Queensland
Yes! I cant wait Jimicles, lets hope I too wont miss


oh you
Yea you too, bring your metal friend
Insom
Posts: 2588
Location: Brisbane, Queensland
yeah because med students never drink or do drugs
3x0dus
Posts: 1101
Location: Townsville, Queensland
I never understand what doctors write though


even those dodgey letters from Santa are easier to read than doctors.

perhaps they spend all over the time after they finish med school drunk making up for what they couldn't before hand.
Jayebee
Posts: 32
Location: Brisbane, Queensland
Personally, the way you wrote the initial post makes me hope you never become a doctor.


Because practicing medicine is about writing well?

Don't worry about it in terms of med mate, I had to look into legal exclusions earlier in the year because of a public nuisance issue. Only something that will prevent you attaining a blue card will prevent entry into med. DUI won't stop you working with children.



last edited by Jayebee at 15:00:01 19/Oct/08
fade
Posts: 3418
Location: Brisbane, Queensland
So anyway, what's so "bogus" about this charge?
CSIRAC
Posts: 1587
Location: Brisbane, Queensland
he got caught, dur!
BeZZaR
Posts: 46
Location: Brisbane, Queensland
Because practicing medicine is about writing well?


No, but if he writes like that in the gamsat he may have problems :)
Jayebee
Posts: 33
Location: Brisbane, Queensland
I know the guy personally, and he's allready accepted into med. Top 10% of Aus on Gamsat. The short of it is no it wont affect med, but court wont be fun. Viva la public transport.
ara
Posts: 2309
Location: Sydney, New South Wales
first, drink driving is stupid.

second, in NSW we have a Section 10 in the sentencing procedure that can be applied for if you have a good record and a criminal record would damage your future prospects. I guess look for something like that for QLD.
Triamks
Posts: 1718
Location: Brisbane, Queensland
Drink Drive, bloody idiot.

Don't take my word for it but this is what I've briefly found. You should seek legal advice and hopefully what Kat suggests will happen.

Relevant links: Prescribed limits - s 79A. You're over the general limit but below the high limit.

What happens when over the limit - s 79. s 79(1) sets a maximum limit of $2100 or 9 months imprisonment. Under s 79(2) the likely maximum penalty you're facing is $1050 or a maximum 3 months imprisonment.
fpot
Posts: 15630
Location: Gold Coast, Queensland
Jimby and Jayebee are either the same account or they are sucking eachothers cock.

You decide.
tequila
Posts: 134
Location: Brisbane, Queensland
see kids, this is why you should just use meth instead
Spook
Posts: 22973
Location: Brisbane, Queensland
even thats not safe anymore :(
funky
Posts: 403
Location: Brisbane, Queensland
as everyone has said, won't effect med at all, mate of mine got done 0.05 (but on his P's) the arvo after a 21st and he is now in 3rd year med, no problems at all, he got a 6 month suspension and fine, not sure about conviction or not, and that was it - rock up, in suit, act contrite and you should be right - as long as it was just DUI and there was no property damage, or maiming of innocents, you'll be sweet
CHUB
Posts: 4620
Location: Brisbane, Queensland
even thats not safe anymore :(
Yep, no more smoking and driving either.

Driving on drugs is bad, but the penalties are pretty damn harsh, they're worse then drink driving which is significantly worse.

You're better off driving around stinking drunk then after a puff of a joint a few hours ago from a legal standpoint, that's not right.
Boxhead
Posts: 11807
Location: Brisbane, Queensland
You're better off driving around stinking drunk then after a puff of a joint a few hours ago from a legal standpoint, that's not right.
what? Its not right that people shouldn't be allowed to be under the influence of substances while driving? what?

Oh sorry you're trying to justify in some way that the laws make it more attractive to be drunk then on drugs through penalties.. as opposed to you know.. people crashing and all that other stuff associated with driving over the 'limit' (not specifically alcohol limits apply there)
infi
Posts: 9931
Location: Brisbane, Queensland
people do realise that cars are giant hunks of steel that are probably best driven in a competent state?

of course DUI should f***en hurt.
Spook
Posts: 22976
Location: Brisbane, Queensland
whats retarded about the drug driving laws, is they dont test for prescription durgs, which can be MUCH WORSE than alcohol or illicit drugs.

CHUB
Posts: 4621
Location: Brisbane, Queensland
what? Its not right that people shouldn't be allowed to be under the influence of substances while driving? what?
I just think the cannabis DUI charges are so out of line compared to drink driving.

You shouldn't be doing either, but ffs, beef up the drink driving charges. They should just do what Japan does, drink drive... bye bye car. Let a friend drink drive your car... tough s***, bye bye car.
mission
Posts: 4082
Location: Brisbane, Queensland
When you say bye bye car, what do they do?
Scooter
Posts: 1523
Location: Brisbane, Queensland
Cube it.

Pretty sure thats what happens to 'Hoons' car in Vic after a 3rd conviction too.
ara
Posts: 2310
Location: Sydney, New South Wales

in NSW they use their cars for crash tests.
Spook
Posts: 22977
Location: Brisbane, Queensland
qld government cubes hoon cars (after 3 offenses)

it actually appears to be working, there was some report the other day about even second reoffends are down after a car is confiscated for just a few days
Raven
Posts: 3058
Location: Melbourne, Victoria
Okay, first thing's first, what makes you think it was bogus.

My understanding of the way the law works with regards to BAC readins is as follows: The initial breath test you're given basically only gives them warrant to give you a subsequent breath test one hour later (to ensure that the initial breath test results weren't chance and caused by particles in the mouth etc), and following that should it be over 0.05, a blood test. The results and anything you're charged with come from a blood test.

If they've done all that and still pulled up over .05, I fail to see how you could think it was bogus. And I think you're a bloody idiot for drink-driving :)
Bah
Posts: 3018
Location: Brisbane, Queensland
I think he might be using the term bogus like "Bill and teds bogus journey" i.e. something bad that happened, not necessarily false.
Seven
Posts: 837
Location: Wollongong, New South Wales
Ok, since we've pretty much decided the OP is guilty, a question:
What about tiredness? If I've driven when extremely tired, it's been far worse than if I've driven after a few drinks (well under the limit).
Minxy
Posts: 773
Location: Brisbane, Queensland
Driving when you're super tired is just as bad. Cause an accident because you fall asleep, and you're guaranteed to get done for dangerous driving.
Triamks
Posts: 1719
Location: Brisbane, Queensland
and you're guaranteed to get done for dangerous driving.


Agreed up until that point. You're not guaranteed to get done unless you plead guilty. I should add that even before that it's up to the discretion of the Police whether and with what they charge you with.

last edited by Triamks at 19:03:12 20/Oct/08
Minxy
Posts: 774
Location: Brisbane, Queensland
Well, what I mean is, it's considered dangerous driving and an offence. It's still putting yourself and others at risk. Also, I do agree with other statements that the drink driving punishments should be tougher.
Raider
Posts: 2318
Location: Brisbane, Queensland
if you aren't 100% able to drive you shouldn't fkn drive, you put more people at risk simply for your convenience and that blows IMO, penalties should be harsher... little prison rape is a much better deterrence then a fine and suspension.
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