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Are you pleading guilty to a drink driving charge? Is Legal Aid available? In most cases Legal Aid is not available to people pleading guilty to a charge of driving with the Prescribed Content of Alcohol (PCA). You can either pay a private solicitor to represent you or you can appear before the Court yourself. If you can't afford a solicitor or don't want to use one, follow the steps below. However, if you have been in trouble for drink driving before and your income is low, you may be able to get Legal Aid. Ask the duty solicitor at Court. For further details about Legal Aid guidelines, click here. How should you prepare for Court? Get character references and prepare a submission. If you have no prior convictions, you should get written references which say you are of good character. These character references should be written by people who know you well. These references will impress the Magistrate more if they refer to the current charges. If you need a driver's licence for work make sure you have a letter from your employer to say what will happen to your job if your licence is suspended for a long time. If you have other reasons for needing a driver's licence (eg. a disabled child, health problems) make sure you have evidence (ie. doctor's reference) to support this. Write a submission in your own words to make to the Magistrate. Include any explanation such as any special reason why you were driving. You should also include: What should you do at Court? You should not drive to Court. Bring your licence with you, unless the police have already taken it, because the Court will require you to surrender it if you are found guilty. When you get to Court, find the court officer and tell them that you are unrepresented and that you are pleading guilty. Check the police fact sheet and certificate The police will have a fact sheet which says why you were arrested and what you said about how many drinks you had. Make sure you read the fact sheet. Also, check the certificate which states your blood alcohol level and the machine printout from the breath analysis machine to see that they match the time on the police fact sheet. If you disagree with what the police say happened, you may tell the Magistrate when it is your turn to speak. The police prosecutor should also show you a copy of your previous criminal record if you have one and a copy of your driving history. Read these documents to make sure they really are yours. You should dispute any incorrect information on your criminal or traffic record. Listen to other people make their submissions in Court Wait for your name to be called. It can be helpful to sit inside the courtroom and listen to other people presenting guilty pleas to give you a better idea of how to present yours. When you are called, you can either hand your submissions to the Magistrate or read from prepared notes. Be sure you tell the Magistrate: Give the Court your written references, letter from your employer or other supporting documents. After the Court's decision - What can you do? If there is something you don't understand about the Court's decision, ask the Magistrate to explain. Do not drive while disqualified. The Court will regard this seriously. If you are found guilty, you will be disqualified for driving for a period of time and you must hand in your licence. The penalty for driving whilst disqualified (first offence) is 18 months gaol and/or a fine of up to $3,300. There is also an minimum further disqualification of 12 months for a first offence. Remember to reapply for your licence. Once the disqualification period is over, you have to reapply for your licence as you will not get it back automatically. If you were charged with High Range PCA, your licence should have been taken away on the spot by the police. Ask the Magistrate to start your disqualification period from that date. If you think you will have trouble paying your fine within the set period of 28 days, speak to Court staff before your leave about making a "time to pay" arrangement. If you do not pay the fine within the time set or agreed to under a "time to pay" arrangement, the State Debt Recovery Office(SDRO) can impose a range of penalties against you. For more information call the SDRO 1300 655 805. Can you appeal? You can appeal to the District Court if you are not satisfied with the Magistrate's decision. You should seek legal advice before lodging any appeal. The appeal must be lodged within 28 days and costs $64. What if you are found guilty? You will lose your licence for some time; the higher your alcohol reading, the longer the period of disqualification. You may also have to pay a fine and be sent to gaol. What are the penalties?
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