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First time DUI (drug) charge.. any advice?

Admit your guilty bro. Trust me on this one. From a couple of years doing, sigh, Criminology, I have learnt a shitload about the legal system and drug-diversion, within the realms of the judicial system.

Admit your guilt, and then tell the judge (no jury present bro, only a judge) that you had licked a pill, and that you are struggling with addiction problems to "Ecstacy". The worse that could happen to you is a fine/loss of driving privileges for 6 months or diverted to the drug court system.
 
Yep I'm definitely admitting guilty regardless; I'm not fighting the charge I'm just hoping to lower the charges. They already have my sample results so no point either.

I'm just wondering whether a lawyer can make much of a difference in my case.
 
No. God no. Don't get a lawyer in to the mix. And plus, if it's just a summons, then you'll be sweet-as bro. Lawyers just cost money, and are only good if you are arrested on the spot, taken to the WatchHouse and transferred over to Big Boiz Prison.

DON'T GET A LAWYER DerelictMyOwnBalls!!
 
Well, to be honest, in this day and age that we live in, if you have a criminal record, you can kiss your arse goodbye when it comes down to future employment opportunities.
 
depends on what sorta jobs you wanna get ^^^^^^^^^^^^ iv known guys with massive fucking records but still manage to get not bad jobs at retail places and factories. but still they end up fucking up anyway
 
retail places sure but factories are a breeding place for crime. the best that one can manage with a criminal record, is going freelance, as in like a freelance gardener.
 
haha true that man hey. factories are where all the mad cunts end up for sure. and yeah gettin an ABN and doin your own thing would be a good idea for someone with a huge record
 
mate to start with, get a lawyer. If it does make a difference its worth it. If not its better to be safe then sorry!
I got charged a while back for possession and due to it being my first charge (theres some term for it) but it got wiped from my record so ive still got a clean record except for driving crap.
Good luck with it, dont stress on it get a lawyer and he will answer all these questions and any more you might have :)
 
For starters this is a traffic infringement, there is no "sentencing"... you wont get a criminal records but you will get a traffic record.

Secondly they cannot search your vehicle for drugs because you tested positive for drugs.

I personally know someone who had their license suspended for 2 months after being caught with meth in their system, police noted they were not under the influence at the time and this worked with the persons story that they injected 3 days prior to testing.

Don't sweat it, this is nothing really.
 
i heard somewhere that they're apparently ditching the roadside drug swap things because theyre too innacurate and many people get off with them etc etc (melbourne)
 
Mr. Squiggle! said:
No. God no. Don't get a lawyer in to the mix. And plus, if it's just a summons, then you'll be sweet-as bro. Lawyers just cost money, and are only good if you are arrested on the spot, taken to the WatchHouse and transferred over to Big Boiz Prison.

DON'T GET A LAWYER DerelictMyOwnBalls!!
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Absolutely terrible advice. Are you sure you're a law student and work part-time in a law firm? If so, I'd suggest it's a good thing that you're still a 'student' and haven't yet completed your articles.

If you don't have any cash, the first thing you should do is go to Legal Aid. You'll be able to at least talk to a laywer there and if your esteemed counsel, Mr Squiggle, is in fact correct, they be able to confirm his suggestion.

If you have a grand or so that you can scrape together, go to a firm and seek out a criminal lawyer with extensive experience in driving while intoxicated cases. There could very well be procedural issues that the police failed to observe which could render their evidence invalid.

At the very least, a lawyer will be able to help you with your 'apology letter' and convey your good character to the magistrate far, far better than you will be able to do by yourself.

This is your future and livelihood (via license to drive) you're fucking around with here. As much as it sucks, you need to ante up and hire a professional to ensure you achieve the best possible outcome from this event.
 
*=Regulator=* said:
Absolutely terrible advice. Are you sure you're a law student and work part-time in a law firm? If so, I'd suggest it's a good thing that you're still a 'student' and haven't yet completed your articles.

If you don't have any cash, the first thing you should do is go to Legal Aid. You'll be able to at least talk to a laywer there and if your esteemed counsel, Mr Squiggle, is in fact correct, they be able to confirm his suggestion.

If you have a grand or so that you can scrape together, go to a firm and seek out a criminal lawyer with extensive experience in driving while intoxicated cases. There could very well be procedural issues that the police failed to observe which could render their evidence invalid.

At the very least, a lawyer will be able to help you with your 'apology letter' and convey your good character to the magistrate far, far better than you will be able to do by yourself.

This is your future and livelihood (via license to drive) you're fucking around with here. As much as it sucks, you need to ante up and hire a professional to ensure you achieve the best possible outcome from this event.
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"Absolutely terrible advice." Thanks dude. Not sure why you'd flame one of the few posters on this thread encouraging the OP to seek professional advice. But I'm sure it was deserved.:)

Yes, I'm sure I'm a legal student and have a job in a law firm. And that is the only reason that I decided not to give my two cents on that area of the law and suggested the service of a professional. I know my knowledge is sub-par - I'm no savant like you. Just trying to give some advice, champ - I didn't see this as an opportunity for a wank-off like some people. No need to be a so-and-so about it either.

By the way, the OP had already consulted Legal Aid when I posted. I also got the impression that the OP simply didn't want to waste money on a lawyer if he didn't need to, not that he couldn't necessarily afford one. Yes, lawyers cost a lot of money, we get it.

But thanks for your input mate, really constructive. I really like how you agreed that the OP ought to seek a lawyer as well. Probably the best "absolutely terrible advice" this thread has seen.
 
Sorry mate, it seems I got mixed up last night and thought that Mr. Squiggle was the law student (as per my post). If I inadvertently had a go at you, it was a mistake and I apologise (that's what happens when you post straight after smoking a spliff :)).

Whatever the case, I stand by what I said in my post about the OP definitely needing to seek professional legal advice. This is NOT something that someone should handle without the help of a barrister/solicitor.
 
acidprime said:
For starters this is a traffic infringement, there is no "sentencing"... you wont get a criminal records but you will get a traffic record.
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What s/he said. I'm not sure if acidprime is a westralian but certainly in Vic testing positive to a random roadside drug test is a traffic infringement - a bunch of points off your licence and a fine, but no criminal conviction...
 
ayjay said:
What s/he said. I'm not sure if acidprime is a westralian but certainly in Vic testing positive to a random roadside drug test is a traffic infringement - a bunch of points off your licence and a fine, but no criminal conviction...
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How is it different to a driving under the influence of alcohol charge? Or is there no criminal conviction for that either where you are?

In the A.C.T. DUI is a criminal offence with a criminal conviction recorded.
 
All good mate, I should have picked up on that. That's what happens when you get carried away after a few glasses of red. ;)
 
i got done when i was underage for DUI (but drinking). It was also my first offence. i ended up getting the minimum for both my charges and i have a few tips for you.

1. Get a letter of reference from someone that will carry some weight.
2. Seek councilling, even though you dont have a drug issue, the counciller can write you a letter to say that you have seeked help about you issues and are already working to correct them.
3. i wouldnt use a lawyer, expensive and i really doubt they will get your fine reduced by any amount.
4. Dress well, look tidy and respectable.

i did all of the above, and the judge who sentanced me was also notorious for hating drink drivers, and i managed to get the lowest fines possible.
 
Verybuffed said:
How is it different to a driving under the influence of alcohol charge? Or is there no criminal conviction for that either where you are?

In the A.C.T. DUI is a criminal offence with a criminal conviction recorded.
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Actually got no idea about criminal status of failing a random roadside breath test in Vic - but I'm definite on the fail saliva random roadside test; points and a fine - like a speeding ticket.
 
ayjay said:
Actually got no idea about criminal status of failing a random roadside breath test in Vic - but I'm definite on the fail saliva random roadside test; points and a fine - like a speeding ticket.
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That is interesting. I would like to know the real answer to the drinking question. I don't understand why driving under the influence of drugs isn't a criminal offence as you say in VIC.

Anyone in VIC ever been done for DUI alcohol?
 
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