Can i get of my drink driving conviction?

Question

a week ago i was out drink with friends. about 3 in the morning i lost them so i decided to go sleep in my car. my car was parked in a school where i had recently been expeled from. i new i wasn't allowed to be on school premisis so i decided to move it to the back of the school where no one would see me in the morning. however when driving my car i reversed it into the wall of a house which is next to the school. i woke up the people in the house. i caused no damage to the house. they called the police. when the police arrived i was breathalised and arrested. i was not driving on the road i was always on school property. also the gates of the school were closed so there was no possible way of me getting out. not that i was trying to. my lawer is trying to get me of my ban with being drunk and incharge of a car. can some one please give me some advice on weather my case will go against me or what the likely outcome will be. i do not condone drink driving at all.

Answer 1

In today's times it will be very difficult to get out of this due to the fact that everyone dislikes drinking and getting behind the wheel of a car.

Throw yourself at the mercy of the judge and take whatever he or she gives you and maybe you will learn a value-able lesson..........................

Answer 2

If  this was private property with locked gates you might have a case but I'm not a lawyer,but on the road with the keys in your possession your nicked.It seems harsh but not as bad as killing someone when drunk and having to live with it for the rest of your life..

Answer 3

G'day Oliver D!

Depending on where you are will determine what will happen.  Australian law is that if you are on property that is sealed (Closed to the public) for a minimum of 24 hours on a regular basis, that is private property, and there may be an escape route for you.  

Another thing that you may want to check is to see if the equipment that the law is supposed to use has to be approved by the National Measurement Institute...  There is a big loophole in Australia; only Victoria is legal for getting busted for drink driving... I am waiting to see if someone will pick up on the matter and drop the law into the drink...  Could be interesting for the law to be looking down the barrel at a $6,000 fine...

One other one that may be good for a laugh...  how are you supposed to take notes if you have been handcuffed?  That is not allowing you to prepare your defence at the time if you can not write...  I do have a lousy memory, and in matters like this, I would be asking to write things down...  By not allowing me to write things down, they are preventing me from being allowed to build and prepare my defence.  

OK, there are a few ideas for you to explore...  I suggest that in future, stay away from the drink...  it may give the desire, but it takes away the ability to do many things!!!  

Ding.

Answer 4

Your lawyer may find a way to plea-bargain out of it.  There are lawyers who specialize in defending DUI cases, and many of them will give the court a 'guilty' on something else in exchange for dropping the DUI - the driver may have to go to AA meetings, do community service, etc.

  

Find some new (sober) friends and don't go near a car if you're been drinking.  If you're still of school age, you're too young to drink anyway.  

  

I did things at 18 that I shouldn't have - DUI (never caught) was one of them - and when I matured enough to realize it, I quit drinking.  And had more fun than when I drank.

Good Luck