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Neferti

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Re: Socks
Reply #165 - May 17^th, 2021 at 10:51am

rhino wrote on May 17^th, 2021 at 10:33am:

Aussie wrote on May 17^th, 2021 at 9:43am:

rhino wrote on May 16^th, 2021 at 8:57pm:

Gordon wrote on May 16^th, 2021 at 8:20pm:

Aussie wrote on May 16^th, 2021 at 8:18pm:

It is an offence against the same Act.......running a red light and drink driving.

So.....if a conviction for dd produces a criminal record so does a conviction for running a red light.

Serious question, were you actually a lawyer?

Lol, I don t think so, This from Ozzies own link
Quote:

Drink Driving is a criminal offence in NSW under Section 110 of the Road Transport Act 2013.

Drink driving is a criminal offence in every state and territory in Australia.

Rubbish. It was thus described by a Lawyer drumming up business by over exaggerating the nature of the offence.

Lol. its a criminal offence mate. Its not in argument. You just humiliating yourself further here.

He is beginning to look a little blue around the gills. Maybe needs the slippers that Bwian uses?

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Neferti

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Re: Socks
Reply #166 - May 17^th, 2021 at 10:53am

Neferti wrote on May 17^th, 2021 at 10:27am:

Quote:

Yes, drink driving is a criminal offence under Section 5(a) of the Road Traffic Act 1988. Driving while exceeding the legal limit can result in a criminal record, a driving disqualification, an unlimited fine and in serious cases a prison sentence! ... 107 milligrams of alcohol per 100 millilitres of urine.

Quote:

Is a DUI in Australia a criminal Offence?
Drink driving is one of the most common offences in Australia and whether your BAC is low, mid or high range, you have still committed a criminal offence. ... After the 10 years, your conviction will then be 'spent', which means it will no longer appear on your criminal record.

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Neferti

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Re: Socks
Reply #167 - May 17^th, 2021 at 11:03am

Aussie wrote on May 17^th, 2021 at 10:49am:

rhino wrote on May 17^th, 2021 at 10:33am:

Aussie wrote on May 17^th, 2021 at 9:43am:

rhino wrote on May 16^th, 2021 at 8:57pm:

Gordon wrote on May 16^th, 2021 at 8:20pm:

Aussie wrote on May 16^th, 2021 at 8:18pm:

It is an offence against the same Act.......running a red light and drink driving.

So.....if a conviction for dd produces a criminal record so does a conviction for running a red light.

Serious question, were you actually a lawyer?

Lol, I don t think so, This from Ozzies own link
Quote:

Drink Driving is a criminal offence in NSW under Section 110 of the Road Transport Act 2013.

Drink driving is a criminal offence in every state and territory in Australia.

Rubbish. It was thus described by a Lawyer drumming up business by over exaggerating the nature of the offence.

Lol. its a criminal offence mate. Its not in argument. You just humiliating yourself further here.

No. It is an offence against the 'Traffic Act' just like speeding is.

Speeding won't get you a criminal record, unless you kill someone!

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rhino

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Re: Socks
Reply #168 - May 17^th, 2021 at 11:31am

Aussie wrote on May 17^th, 2021 at 10:49am:

rhino wrote on May 17^th, 2021 at 10:33am:

Aussie wrote on May 17^th, 2021 at 9:43am:

rhino wrote on May 16^th, 2021 at 8:57pm:

Gordon wrote on May 16^th, 2021 at 8:20pm:

Aussie wrote on May 16^th, 2021 at 8:18pm:

It is an offence against the same Act.......running a red light and drink driving.

So.....if a conviction for dd produces a criminal record so does a conviction for running a red light.

Serious question, were you actually a lawyer?

Lol, I don t think so, This from Ozzies own link
Quote:

Drink Driving is a criminal offence in NSW under Section 110 of the Road Transport Act 2013.

Drink driving is a criminal offence in every state and territory in Australia.

Rubbish. It was thus described by a Lawyer drumming up business by over exaggerating the nature of the offence.

Lol. its a criminal offence mate. Its not in argument. You just humiliating yourself further here.

No. It is an offence against the 'Traffic Act' just like speeding is.

Lol. Maybe you need some legal advice. This is hilarious. you couldnt be humiliating yourself more.

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Neferti Gold Member Offline Posts: 7965 Canberra Gender:	Re: Socks Reply #169 - May 17^th, 2021 at 11:37am rhino wrote on May 17^th, 2021 at 11:31am: Lol. Maybe you need some legal advice. This is hilarious. you couldnt be humiliating yourself more. Would you pay this bloke? He is incriminating himself.
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Aussie

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Re: Socks
Reply #170 - May 17^th, 2021 at 1:10pm

rhino wrote on May 17^th, 2021 at 11:31am:

Aussie wrote on May 17^th, 2021 at 10:49am:

rhino wrote on May 17^th, 2021 at 10:33am:

Aussie wrote on May 17^th, 2021 at 9:43am:

rhino wrote on May 16^th, 2021 at 8:57pm:

Gordon wrote on May 16^th, 2021 at 8:20pm:

Aussie wrote on May 16^th, 2021 at 8:18pm:

It is an offence against the same Act.......running a red light and drink driving.

So.....if a conviction for dd produces a criminal record so does a conviction for running a red light.

Serious question, were you actually a lawyer?

Lol, I don t think so, This from Ozzies own link
Quote:

Drink Driving is a criminal offence in NSW under Section 110 of the Road Transport Act 2013.

Drink driving is a criminal offence in every state and territory in Australia.

Rubbish. It was thus described by a Lawyer drumming up business by over exaggerating the nature of the offence.

Lol. its a criminal offence mate. Its not in argument. You just humiliating yourself further here.

No. It is an offence against the 'Traffic Act' just like speeding is.

Lol. Maybe you need some legal advice. This is hilarious. you couldnt be humiliating yourself more.

Perhaps you can explain how one offence against the 'Traffic Act' is a criminal one, and another is not.

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Neferti Gold Member Offline Posts: 7965 Canberra Gender:	Re: Socks Reply #171 - May 17^th, 2021 at 1:32pm https://criminalcpd.net.au/wp-content/uploads/2016/09/PCA_Pleas_pdf.pdf
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UnSubRocky Gold Member Offline Australian Legend Posts: 21726 Rockhampton, Q Gender:	Re: Socks Reply #172 - May 17^th, 2021 at 5:47pm A violation of the Traffic Act will likely get you fined. A criminal offence will likely get you arrested.
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Neferti Gold Member Offline Posts: 7965 Canberra Gender:	Re: Socks Reply #173 - May 17^th, 2021 at 5:51pm UnSubRocky wrote on May 17^th, 2021 at 5:47pm: A violation of the Traffic Act will likely get you fined. A criminal offence will likely get you arrested. Caught drink driving and you will be taken to the Cop Shop, won't you? Isn't that being "arrested"?
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cods

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Re: Socks
Reply #174 - May 17^th, 2021 at 6:10pm

Neferti wrote on May 17^th, 2021 at 5:51pm:

UnSubRocky wrote on May 17^th, 2021 at 5:47pm:

A violation of the Traffic Act will likely get you fined. A criminal offence will likely get you arrested.

Caught drink driving and you will be taken to the Cop Shop, won't you? Isn't that being "arrested"?

yep! big fine licence cancelled demerit points.....its never ending..... it is a crime to speed and drink drive its not just a case of breaking the law its dangerous to everyone who uses the roads.....

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Neferti

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Re: Socks
Reply #175 - May 17^th, 2021 at 6:13pm

cods wrote on May 17^th, 2021 at 6:10pm:

Neferti wrote on May 17^th, 2021 at 5:51pm:

UnSubRocky wrote on May 17^th, 2021 at 5:47pm:

A violation of the Traffic Act will likely get you fined. A criminal offence will likely get you arrested.

Caught drink driving and you will be taken to the Cop Shop, won't you? Isn't that being "arrested"?

yep! big fine licence cancelled demerit points.....its never ending..... it is a crime to speed and drink drive its not just a case of breaking the law its dangerous to everyone who uses the roads.....

Arsie reckons that DUI isn't a criminal offence, it's a traffic violation, like running a red light. Wink

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UnSubRocky

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Re: Socks
Reply #176 - May 17^th, 2021 at 7:14pm

Neferti wrote on May 17^th, 2021 at 5:51pm:

UnSubRocky wrote on May 17^th, 2021 at 5:47pm:

A violation of the Traffic Act will likely get you fined. A criminal offence will likely get you arrested.

Caught drink driving and you will be taken to the Cop Shop, won't you? Isn't that being "arrested"?

Technically, being stopped by police after you have committed an offence is an arrest. But being arrested and taken to the police station for booking is what you mean. If you blow a 0.05 during a breathalyser test, you will be arrested. A traffic offence like running a red light will result in a fine.

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Dnarever

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Re: Socks
Reply #177 - May 17^th, 2021 at 7:41pm

Neferti wrote on May 17^th, 2021 at 6:13pm:

cods wrote on May 17^th, 2021 at 6:10pm:

Neferti wrote on May 17^th, 2021 at 5:51pm:

UnSubRocky wrote on May 17^th, 2021 at 5:47pm:

A violation of the Traffic Act will likely get you fined. A criminal offence will likely get you arrested.

Caught drink driving and you will be taken to the Cop Shop, won't you? Isn't that being "arrested"?

yep! big fine licence cancelled demerit points.....its never ending..... it is a crime to speed and drink drive its not just a case of breaking the law its dangerous to everyone who uses the roads.....

Arsie reckons that DUI isn't a criminal offence, it's a traffic violation, like running a red light. Wink

I didn't see where he said that.

In fact speeding can be a criminal offence as can running a red light someone posted it earlier and then failed to understand what he posted.

Quote:

Some of these offences are: drink driving (PCA or DUI), negligent driving (when decided in court), driving while suspended or disqualified, police pursuit, and reckless driving.

Running a red light can be charged as negligent or reckless driving. Just see what happens if you are clocked doing 220kph in a 40 zone ?

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Dnarever Gold Member Offline Australian Politics Posts: 57150 Here Gender:	Re: Socks Reply #178 - May 17^th, 2021 at 7:48pm Aussie wrote on May 16^th, 2021 at 7:08pm: So...if Gordon gets convicted of a parking offence....that is a criminal conviction in NSW? Depends who he parks on ?
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Dnarever

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Re: Socks
Reply #179 - May 17^th, 2021 at 7:50pm

Aussie wrote on May 16^th, 2021 at 8:05pm:

Gordon wrote on May 16^th, 2021 at 7:59pm:

Will I get a criminal record if I receive a Court Attendance Notice for a low range PCA charge?

If a court elects to record a conviction, you will have a criminal record. Drink driving is considered to be a serious offence, and the starting point for the sentencing court is the recording of a criminal conviction, with the imposition of a fine and a period of licence disqualification. It may be possible to avoid a criminal record if you are afforded the leniency of a section 10 non-conviction order.
https://www.armstronglegal.com.au/traffic-law/nsw/drink-driving/low-range-pca/

So...if you are convicted of running a red light, you have a 'criminal conviction/record' in NSW?

Depends what the charge is. Apparently if you are convicted of reckless driving in court then yes it is.

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