SA mid range DUI punishments - what the?

[ea90gl]

Since when did the punishment for DUI become so ridiculous compared to the crime in the state of SA?

So basically I will most likely be losing my licence for a 6 months period shortly.

I will try to keep my story short and simple - in October of last year I consumed approximately 5 standard strength beers over a 3-4 hour period after work. That particular night was take out night and seeing as the wife was not well I decided to head out and get some dinner. Without going into the finer details, on the way a kangaroo ended up jumping out in front of my vehicle which I ended up hitting. Not even a skilled racing driver could of avoided this given the road/situation and timing in which it all happened. I decided to stop just on the side of the road and a good Samaritan must of heard the impact and decided to call the emergency services. Along came the services as well as the police who of course had to perform an alcohol breath test. Low and behold I was over the limit and was taken back to the station where the secondary test was performed which recorded a BAC of 0.082. I was personally surprised by this but at the end of the day it was what it was.

Basically what occurred that night could of happened to any one whether or not you were straight, drunk, high on coke, a person who has never touched any form of brain altering substances etc but what happened did happen so as mentioned it was what it was. This type of offence is also my first and I have a relatively clean record in regards to previous driving offences.

Anyway, I am currently self-employed and am the sole provider with a wife who does not work looking after our two very young boys (one having a mild disability and requires regular therapy of various sorts). I have enlisted the aid of a lawyer to help fight the case which has cost me thousands of dollars and the loss of licence will ultimately cost me many more thousands of dollars over the long run. All this is basically because I was found guilty of a mid-range DUI offence (0.002 above a low-range offence which would ultimately result in just a fine and away you go).

All of the above is completely disregarded and there is absolutely no way anything is taken into account in order to offer any form of leniency whatsoever in regards to the offence committed.

From research I have performed and also other cases I have witnessed personally at court hearings I have come up with the following (I could go on for quite some time);

You are able to break the law numerous times (speeding, mobile phone usage while driving etc) and are able to get a good behavior bond due to loss of demerit points. Don't they harp on about how dangerous the above offences are?

You are able to perform theft and assault and be let off on a good behavior bond seeing as it is a first offence and a criminal record could possibly effect your work and income

You are able to perform a break and enter and be let off with a slap on the wrist

Many other more serious crimes are able to be committed and you are able to get let off very easily.

I also know of another driver who was found guilty of a high-range DUI offence. He stupidly went out driving (BAC was recorded at 0.227 at time of incident) and ended up crashing into a parked car which was of low value. His ultimate punishment was a loss of licence for 18 months, the loss of his own vehicle (valued at approximately $2000) and he had to fork out for the vehicle he wrote off which was valued at $3500. Luckily for him, he was able to get a lift to and from work from a co-worker which he is able to take advantage of for the complete period of his loss of licence. At the end of the day this guy is actually more better off than myself and I'd personally rather be in his shoes than mine at the moment.

So is any body out there able to explain to me how these current DUI penalties are suited to the actual "crime" committed? I definitely do not condone any form of drink driving and if you happen to be drunk and end up causing a substantial accident due to being completely intoxicated then you should be locked away for good.

And last but not least, can the do-gooder's who are brainwashed by the media or whatever else please **** off and refrain from posting in this thread. I am not wanting to hear the same old ****** line of "you do the crime, you do the time" since obviously the time does not suit the crime committed. It is obviously the do-gooder attitude that allows these laws and penalties to be put in place

[Adamz Ghia]

It sucks but the ranges of drink driving have to kick in somewhere, like speeding, it sucks if you're a k or two over the limit and get done but the point for fines have to kick in at some point.

I don't drink beer if I drive as that stuff is deceptive in how much it leaves in your system. Personally beer hits me hardest of all drinks so if I'm driving I stick to ciders as I can track those easier.

[tonys6550]

I think you know the answer to your own rhetorical rant

Chalk it up to bad luck, Never do it again, And as hard as this may sound......move on.

No do gooding implied

[Qwerty321]

I have a little breathalyser in my car for this exact reason. The laws are not perfect, but they're there for a reason. They're set for the lowest common denominator, and inevitably some people like you will get caught up in it.

Considering you have a clean record and you're only slightly above the low level, I do personally think you should be given some leeway. Maybe one of the alcohol interlock schemes, or a conditional licence or something idk. But considering you need the licence for your livelihood, just leaving you without the ability to work for 6 months is a punishment that is way too harsh for the crime committed.

This aughta be a lesson to everyone else though. If you drink anything, just don't drive. Or be like me and buy a breathalyser so you never get caught out accidentally over the limit.

[DOC]

Originally Posted by ea90gl

It is obviously the do-gooder attitude that allows these laws and penalties to be put in place

Just some of the do gooders here (myself included if you wish) have had their best mates killed, and family members scared for life by drunk drivers / just saying and not telling you how to live your life, just another view.

Not good the position your in and and I am sure it sucks, and I hope things work out as best they can for you.

[Jack960]

As someone that reconstructs vehicle incidents for a living and sees first hand the damage drink driving causes to people and their loved ones, I agree with the strict drink driving penalties. There are set limits because the line has to be drawn somewhere, if the limits could be disputed it would open a can of worms.

This time it was a kangaroo, next time it could be a person. That's all it comes down to.

[X-AHH]

You can't change the past - only the future.

Forgive yourself and the justice system.

[joolz]

It sucks but we do have laws that eventually catch us out. But in this case the roo/person could have been shot in a street and nothing was seen and the perp drove off. No charges laid and likely never to be caught. Just look at Melbourne crimes lately...

[Junkyard-Dog]

You shouldn't have been drink driving.

You do the crime, you do the time.

[The Yeti]

So you got on the cans, drove, got caught and now your cranky that you'll be punished.

Hmmm that makes sense.

http://youtu.be/B2xFbL6qO18

You complain your the sole bread winner and this will have a massive impact on your life and future earnings

Ask your self this if it were a kid and not a kangaroo you hit, how would the kid and their family feel?

You obviously haven't learnt anything from your mistake if you think poor widdle me

You want us to call you a wambulance?

And perhaps I'm brain washed by the media, and your blood level wasn't over the prescribed concentration of alcohol becasue you have super human powers that mean you can have a BAL of .15 before your affected

And besides the law is wrong because you weren't mid range, you we're only .002 above the low range limit silly laws


Mate as others have experience this area I have also been to more than one accident seen involving a dick that thought he was right to drive and it all ended horribly

The one I personally liked was when we were at one accident when a guy rolled his window down to ask the police how much longer till the road would be re opened. The police smelled the alcohol on his breath asked him to take a test and BAM mid range and off to the station

[ozpacman]

Whilst things may differ in SA, I can only speak from experiences in Queensland.

Personally I would never engage a lawyer to 'fight' a drink driving charge on my behalf because quite frankly I'd be throwing good money after bad.

A lawyer is not going to get you off, and can only make some some representations on your behalf which a duty solicitor (free) or you can make on the day.

Over the years I've seen lots of people front up to fight drink driving charges with big dollar lawyers in tow and I really don't think they make much difference, aside from making the Court imposed fine look like chicken feed compared to the overall hit to the pocket for the defendant.

From reading information in the original post it doesn't appear that there is any sort of a legal defence there upon which to contest it, so a nod of the nut is about the only option.

Save the bucks for taxi fares I reckon.

[GT450]

Why did you bother to post such drivel on here , did you expect members to feel sorry for you? There are , and can be no mitigating circumstances under the law so suck it up princess and get a bus timetable.
GT450

[prydey]

whilst alcohol effects people differently, with some people's toleration varying greatly from the next what is pretty clear from many studies is that the individual in question isn't generally a good judge of their own condition. nearly all candidates assume they are at a much lower level than they really are.

i wonder if the OP has ever tested himself (reaction times, decision making etc) when sober, and compared it to when even mildly intoxicated. the results may be quite surprising.

the OP's story is a story that law enforcement have heard many times over. 'i only had a few'... 'my wife couldn't drive so i had to'... 'the punishment doesn't fit the crime'... 'even a sober person wouldn't have avoided it'...

all pretty standard responses.

too many people don't view DUI as the dangerous thing that it is. its a loaded gun. if someone was to walk down the street with a literal loaded gun, they would face the consequences.

sorry to sound harsh but thats the reality. too many lives wrecked by those who thought they were fine, or that it was just a quick trip to the corner store etc etc.

[X-AHH]

Perhaps the original post was the relief valve opening.

Denial and blame shifting are a natural human response.

We all stuff up occasionally and have different ways to deal with it.

[The Yeti]

There is NO safe blood alcohol level for driving, there is a maximum legal level but every drink affects you

Have I had a drink after work and driven home? Yes absolutely in fact I did on Friday just gone

Was I over the legal blood alcohol level no, no I wasn't.

Why?

Because on top of all the reasons for not wanting to have an accident, injure or kill some one, on top of not wanting to loose my licence

I'm freaken terrified of what my wife would do if I was caught

It doesn't matter what motivates you not to do it just don't ******* do it

[pottery beige]

beans on toast > fetching takeaway whilst drunk

hth

[Agile]

Agree with all the above posts, but like ALL other motoring offences they are used primarily as revenue raises, 2, deterent factor, 3 revenue raiser.....had a revenue raising incident my self that sent me into a tailspin and rant mode, 71 kph in 60 zone. $417......che possiamo fare....what can you do.

[olfella]

Researching other cases in an attempt to justify your actions is a bit late. While the judge may consider any mitigating circumstances when sentencing, it does come back to what you do not want to hear. You must also remember that IF you were hit by another car then straight away YOU are in the wrong because the law does not and cannot differentiate the effects of any drug in our system. The rule is simple and never drive while under the influence.

[Jack91]

Should've high tailed it outta there as soon as it happened. Sucks but they have to draw the line somewhere. Probably time to get an apprentice with a licence

[Yellow_Festiva]

Originally Posted by Jack91

Should've high tailed it outta there as soon as it happened. Sucks but they have to draw the line somewhere. Probably time to get an apprentice with a licence

Especially if you knew you were borderline with 5 drinks in 4-5 hours.

I guess we live and learn from our mistakes.

[FairmontGS]

OP, yes, at first glance looks harsh and I guess that's because no-one was hurt. But it could have been so much worse - your family without a father and husband for example.

I've got nothing for you I'm sorry. I know what fury feels like when you think something is really unjust. Maybe think about it as a lotto-ticket event - you lived and you probably won't do it again. HTH.

[Franco Cozzo]

I hate working on cars with interlocks, you're trying to fix the damn thing and its asking you to blow in it every 5 seconds, and then if you disconnect the battery it has to be recalibrated or something, its an absolute PITFA.

[Big_Daz]

I cant believe OP thinks he was hard done by.... Your justification for driving drunk is "it was take away night"... Come on mate... You where drinking, and based on the level you blew a little bit drunk, why not either make your mrs go get it, or hell change take away night to a night where you aren't drinking???

Its what ****** me off about your situation and similar ones you see on RBT... Person is self employed/carer/needs a license for XYZ reason but yet STILL decides to drink and run the gauntlet. If you rely on your license to provide for your family, you need to be extra careful you don't do anything to put that in jeopardy....

Im not saying Im perfect but I have had a rule since I got my license.... If I drink ANY alcohol I wont drive... I know I can have X amount per hour or whatever and still be under but no thanks.... If I know im going to be drinking I make sure someone else (my wife, deso driver, etc) is organized or I catch a cab... Its my rule and have always stuck to it and it works for me (apart from a sometimes angry wife when ****ed and overly happy me gets in the car when being picked up...lol)

The fact is, you DID the crime so now you'll need to do the time.... Stop trying to justify it and make it seem like its "no big deal"....

[XB GS 351 Coupe]

Originally Posted by Big_Daz

I cant believe OP thinks he was hard done by.... Your justification for driving drunk is "it was take away night"... Come on mate... You where drinking, and based on the level you blew a little bit drunk, why not either make your mrs go get it, or hell change take away night to a night where you aren't drinking???

Its what ****** me off about your situation and similar ones you see on RBT... Person is self employed/carer/needs a license for XYZ reason but yet STILL decides to drink and run the gauntlet. If you rely on your license to provide for your family, you need to be extra careful you don't do anything to put that in jeopardy....

Im not saying Im perfect but I have had a rule since I got my license.... If I drink ANY alcohol I wont drive... I know I can have X amount per hour or whatever and still be under but no thanks.... If I know im going to be drinking I make sure someone else (my wife, deso driver, etc) is organized or I catch a cab... Its my rule and have always stuck to it and it works for me (apart from a sometimes angry wife when ****ed and overly happy me gets in the car when being picked up...lol)

The fact is, you DID the crime so now you'll need to do the time.... Stop trying to justify it and make it seem like its "no big deal"....

100% spot on.

If your license is so important to you and your business, why drink drive??

Obviously you did not give a carp about your license or your business or the fact that you are the sole bread winner or your young family when you decided to drive after drinking 5 beers which you would have known puts you well over the limit, because it's take away night, good one, yes Mr Judge it was take away night I had to drive drunk

Why are you expecting leniency?? Why do you deserve leniency?? What makes you better that the thousands of other morons that get done every week?? May be wake up to yourself and accept that you did the wrong thing and accept your punishment like a man, no one else made you drive.

I am guessing you were found guilty of mid range because you were midrange drink driving.

[danzvtil]

Penalties keep increasing because a not so small percentage of our society make the decision every day to drink then drive, you deserve everything the law has for you.

[Intacoola]

I personally do not feel the need to kick you in the head while you are down.
When you compare assault & BAE crimes to what you have done, yes it does not seem fare.
We can all learn from your mistake.

[Top_Ghia]

Personally I think the 6 month penalty isn't long enough. I think a 5 year ban would make people think a little harder about what they are doing.
5 beers may very well be 7-10 standard drinks.
What makes the op think he is special?

[Express]

I think the older generation still remembers having their hearts ripped out by the loss and destruction of family and friends through alcohol related accidents.

I know I do.

The thankful decrease in that toll over the years has somewhat diluted the reason why the laws were originally introduced.

[b0son]

5 drinks in 3-4 hrs would give me reason to think twice, I'm surprised it didn't for you....

[Top_Ghia]

Originally Posted by b0son

5 drinks in 3-4 hrs would give me reason to think twice, I'm surprised it didn't for you....

He may have issues with the drink. 5 beers before dinner isn't a great sign.