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Advising on the likely penalty if convicted. They are not automatic and they require quite a detailed application to the Court. However, as explained above, a drink driving charge can have serious consequences for you and your loved ones if not handled correctly. Some police, judges and even defence lawyers will tell you that there are no longer any defences available for a drink driving charge. They do not have to suspect that you're over the limit or have breached any traffic law to get you to take one of these tests. Endorsement codes DR40 - DR70 remain on your driving licence for 4 years from the date of offence OR 4 years from the date of conviction where a disqualification was imposed for the offence. It's a colleague's birthday, so he has few more beers than usual. If you are found not guilty, then you are free to go and can continue driving. Your response will be assessed and INZ or the Minister will decide to (1) maintain deportation liability, or (2) suspend deportation liability for up to five years (with conditions such as not incurring further drink driving convictions during the suspension), or (3) immediately cancel the deportation liability altogether.

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The assumption is that if the breath test showed they were over the limit, then they will automatically be found guilty. S157 can be used even when no charges have been filed at all: for example, in 2019 a family of unruly tourists were issued on-the-spot DLNs at a Burger King, following a string of disorderly antics during their holiday in New Zealand. There is nothing stopping you from doing this with a drink driving or traffic charge. Rather, it is known as a sentencing hearing.

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If you don't take it seriously and expect everyone to pat you on the back and send you on your way and you lose then you will have an expensive trip to the High Court to try and fix it. Need to file paperwork to convince the Government of Canada that you are safe before you will ever be approved for a Working Holiday Visa. If a disqualification or fine is unavoidable then Douglas will seek to achieve the minimum disqualification and / or fine for the circumstances. Then there is all the reputational damage that comes with a drink driving charge. Only after the expiration of this 28 days can you make an application for a limited licence. Further, the police must inform you that you have the right to contact a lawyer by telephone and they must allow you to do this without delay and in private. A Permanent Resident Visa has the same character requirements as a resident visa – therefore, a drink driving conviction will make you ineligible for PR for five years, unless a character waiver is granted. If you wish to defend a traffic charge please get in touch to discuss your options. The thing about a drink driving charge is that: - Drink driving charges affect all people from all walks of life. Even if you are granted a limited licence it will be exactly that – limited. The Canada eTA application requires your passport number and address, however, which allows Canadian immigration authorities to. The point here is not that INZ can haphazardly deport temporary visa holders whenever it likes – this is not true. This must be done within 28 days of you entering a not guilty plea. If you successfully plead special reasons, then your driving ban will either be reduced or removed altogether.

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A drink driving endorsement (DR10) will remain on your licence for a period of 11 years from the date of conviction. The court will not do this on your behalf – it will not necessarily enquire as to whether you are attending AA meetings, for example. Is it really possible to defend a drink driving charge? Nothing on this website constitutes legal advice. Alternatively, if you have two such convictions within a five year period, you will also be subject to an alcohol interlock licence, no matter what your breath/blood count was. M appealed his conviction and sentence on charges of dangerous driving and failing to stop. All foreign nationals except US citizens now need an Electronic Travel Authorization (eTA) to board. Waiariki in the Bay of Plenty was next lowest at 267 and then Nelson/Marlborough/West Coast at 317.

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However, there were extenuating circumstances that explain your guilt. People who do not check their blood alcohol content (BAC) through a breathalyser before driving risk getting into accidents. Small mistakes by the police in following the proper procedure will not always mean that the judge will exclude the evidence. Negotiating Sentences. It's an offence to drive, or try to drive, while you're under the influence of alcohol so that you can't properly control your vehicle. Drink driving offences can have a serious and negative impact on your personal life. If you are disqualified from driving, the courts may require you to re-take and pass your driving test. The vehicle you are driving will be impounded for 28 days. Yes, drink driving is a criminal offence under Section 5(a) of the Road Traffic Act 1988. 08% there could be a potential argument the offence should not equate to a full DUI conviction in Canada.

A 2014 New Zealand Automobile Association report on impaired driving in this country found a pattern of recurring, multiple problems with the interlock sentence which had led to High Court appeals. You may be eligible for a work licence or limited licence, community work in lieu of disqualification, or special reasons not to disqualify. Questions about going to Canada from Australia with a drink driving incident? If you are discharged without conviction the court usually will still disqualify you. To obtain a limited licence it is necessary to demonstrate disqualification from driving will result in extreme hardship to the applicant, or undue hardship to another (usually an employer or dependent family member). An excess alcohol infringement offence may compound other factors or be the "last straw on the camel's back" in terms of collateral consequences highlighted by the podcast referred to in the personal consequences section below.

Where it is not viable for an employer to continue employing the applicant as a result of their disqualification, this could result in undue hardship to the applicant's family in situations where they are financially dependent on them. If you are liable for deportation as a resident visa holder, you cannot apply for PR. Rather, the key takeaway is that s157 DLNs are issued at INZ's own discretion, independently of the justice system. The fine is based on your weekly income. This is when the Department of Corrections becomes involved and oversees your sentence.

On a suspended license, many other criminal arrests or convictions can prevent Australians from visiting Canada. As outlined above, if your breath/blood count reaches a particular level (over 800 breath / over 160 blood); you will be subject to a mandatory alcohol interlock licence. The police should provide you with a list of on-call lawyers who are available (on the Police Detention Legal Assistance scheme) to give you free legal advice over the phone, day or night. It can affect your relationships, your freedom and independence and could have a detrimental impact on your mental health. If your breath/blood alcohol reading is particularly high, the court may also impose a form of supervision. Driving Under The Influence.