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Author Topic:   Rich Drunks !
SYZYGY
No Life

Posts: 3520
Registered: Jul 2000

posted 10-07-2001 02:19     Click Here to See the Profile for SYZYGY     Edit/Delete Message   Reply w/Quote
As Shakespeare said "The law is an a.ss !"
Yesterday Daryl Somers got off without a conviction being recorded for having blown twice the legal limit at a booze bus in Richmond last year.

His only "fine" was to donate $600 to charity, and his license was not endorsed with any demerit points.

This prompts me to ask the obvious question - are there in fact two sets of laws in operation here - one for us plebs, and another for those "at the top"? Why should a public figure receive preferential treatment; is $600 really going to make a millionaire stop and think next time - I don't think so!

But, hey, hey, that's the breaks!

[This message has been edited by SYZYGY (edited 10-07-2001).]

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bushie
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Posts: 1630
Registered: May 2000

posted 10-07-2001 02:47     Click Here to See the Profile for bushie     Edit/Delete Message   Reply w/Quote
hey hey,I saw that, pretty amazing ehh..if it was any of us, we would be hoofing it for a while.

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Johnny C
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Posts: 6407
Registered: Oct 2000

posted 10-07-2001 05:21     Click Here to See the Profile for Johnny C     Edit/Delete Message   Reply w/Quote
Was it a first offence? Because apparently a first offence is not 'a licence killer' ...

If that is not the case, then we all now have a precedent case for ANY driving conviction...

Do something for the community and receive No Conviction Recorded (hence, the next time it will be seen as a 'first offence') and no points against the licence.

I'd hate to be a judge now... and I will be appealing all Victorian violoations I make once I get my licence back, if I violoate anything, that is

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Silence is compliance and endorsement
Pàle-O-Råm噩®
ICQ# 22332695 Add Me Buzz My ICQ (thanks Onie)
Flame to here: global@goconnect.net

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DaveO
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Posts: 1484
Registered: Jul 2000

posted 10-07-2001 05:28     Click Here to See the Profile for DaveO     Edit/Delete Message   Reply w/Quote
Yep, I reckon it's not what you know, but who you know, or who you are.
A mate of mine was pulled up last week and went just over the limit, he has to front up to court this week and I'll bet he doesn't get such preferential treatment as Daryl Somers.
My mate was feeling depressed after losing his job, now he's going to feel even more depressed!

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Bigfish
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Posts: 2172
Registered: Aug 2000

posted 10-07-2001 08:46     Click Here to See the Profile for Bigfish     Edit/Delete Message   Reply w/Quote
i know nuffin....nuffin i say

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Sammy's a dwarf
Pugs is a dwarf
Dustys a dwarf

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Moby
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Posts: 1323
Registered: Jul 2000

posted 10-07-2001 09:13     Click Here to See the Profile for Moby     Edit/Delete Message   Reply w/Quote
If your BAC is less than .10% in Victoria, and you have no prior convictions, a court can exercise it's discretion and nor record a conviction. That applies to a person regardless of social status or wealth.

If there are aggravating circumstances to an offence, then you might not be so lucky.

NSW appears to be a completely different story. If I'm not mistaken, you can keep your licence there with a BAC reading of .15%. In Victoria, that equates to a minimum 15 Month licence cancellation, or if you have a prior drink drive conviction in the last 10 years, 30 Months.

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No life at all in the house of dolls. No love lost

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IntlManofMystery
Fast Newbie

Posts: 80
Registered: Apr 2001

posted 10-07-2001 11:25     Click Here to See the Profile for IntlManofMystery     Edit/Delete Message   Reply w/Quote
You got your facts wrong Moby. If Daryl was busted in NSW he would have been up for:

On the spot licence disqualification
6 months mimumum loss of licence
$2200 fine (first offence 0.08 to 0.15)

check here

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exghost1
GoConnect Moderator

Posts: 5474
Registered: Oct 2000

posted 10-07-2001 13:37     Click Here to See the Profile for exghost1     Edit/Delete Message   Reply w/Quote
Golden Rule

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grinder
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Posts: 3993
Registered: Sep 2000

posted 10-07-2001 14:11     Click Here to See the Profile for grinder     Edit/Delete Message   Reply w/Quote
It must be so hard to be humble, when your perfect in every way

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battla
Freak

Posts: 596
Registered: Jun 2000

posted 10-07-2001 15:59     Click Here to See the Profile for battla     Edit/Delete Message   Reply w/Quote
So what else is new? Preferential treatment for the rich and famous has been going on since we stopped swinging from the trees.

It's survival of the fitest so keep ducking and weaving.

It's only a lurk if you aint in it!!

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exghost1
GoConnect Moderator

Posts: 5474
Registered: Oct 2000

posted 10-07-2001 16:23     Click Here to See the Profile for exghost1     Edit/Delete Message   Reply w/Quote
quote:
Originally posted by grinder:
It must be so hard to be humble, when your perfect in every way

Mack Davis, song writer and singer. Good song.

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Fummie
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Posts: 1715
Registered: May 2000

posted 10-07-2001 16:40     Click Here to See the Profile for Fummie     Edit/Delete Message   Reply w/Quote
I got done for .095 (less than D.S.) I lost my licence for 3 months and got a $300 fine......
but, that was 20 years ago!!!
I thought they were getting tougher on drink driving, not weaker.
I also had to go back and get my L plates after the 3 months!!!
Now you know one of the reasons I HATE Judges, they're idiots!

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Fummie™ is the first.

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grinder
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Posts: 3993
Registered: Sep 2000

posted 10-07-2001 17:34     Click Here to See the Profile for grinder     Edit/Delete Message   Reply w/Quote
quote:
Originally posted by exghost1:
Mack Davis, song writer and singer. Good song.

I bet you sing the song every morning while looking in the mirror

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bushie
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Posts: 1630
Registered: May 2000

posted 10-07-2001 20:44     Click Here to See the Profile for bushie     Edit/Delete Message   Reply w/Quote
The host on ABC radio was discussing this with a solicitor today,he said because this was his first offence,he was able to get off with paying $600 to the Salvos for his .098 drink driving charge,it wouldn't matter if the person was famous or not.

But he said it does help if you have an eloquent solicitor to present your case in court.

I dont think I'll put this to the test.

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Moby
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Posts: 1323
Registered: Jul 2000

posted 10-07-2001 21:26     Click Here to See the Profile for Moby     Edit/Delete Message   Reply w/Quote
Just in case anyone remains unclear, this is from the Road Safety Act 1986 which applies to each and every Victorian:

quote:
s.50(1AB) If a court finds a person guilty of an offence under section 49(1)(b), (f) or (g) but does not record a conviction, the court is not required to cancel a driver licence or permit or disqualify the offender from obtaining one in accordance with sub-section (1A) if it appears to the court that at the relevant time the concentration of alcohol in the blood of the offender--

(a) in the case of a person previously found guilty of an offence against any one of the paragraphs of section 49(1) or any previous enactment corresponding to any of those paragraphs or any corresponding law, was less than 0·05 grams per 100 millilitres of blood; or

(b) in any other case, was less than 0·10 grams per 100 millilitres of blood.


(a) refers to those persons required to have a zero blood alcohol condition on their licence, while (b) refers to full licenced drivers.

All the drink-driving rules are set out between sections 47 & 58. The licence cancellation periods are set out in Schedule 1 of the Act.

Just because the press chooses to report this case, doesn't mean anything different was handed out other than what is available to you, me or Joe Bloggs down the road

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No life at all in the house of dolls. No love lost

[This message has been edited by Moby (edited 10-07-2001).]

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SYZYGY
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Posts: 3520
Registered: Jul 2000

posted 11-07-2001 00:36     Click Here to See the Profile for SYZYGY     Edit/Delete Message   Reply w/Quote
Well, the simple fact is that the Magistrate had discretionary powers enabling Somers' license to be suspended. In my opinion she erred in not doing so.

In his defence, Somers' lawyer said that his client should be shown some "indulgence" due to his service to the community by way of his career in the television industry.

What a shame the court didn't feel the same "idulgence" when I was fined $135 plus 1 demerit point for doing 7kp/h over the limit (whilst completely sober).

Then again, I've never been on TV; I've just worked hard and paid taxes for 40 years!

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battla
Freak

Posts: 596
Registered: Jun 2000

posted 11-07-2001 10:18     Click Here to See the Profile for battla     Edit/Delete Message   Reply w/Quote
Well I've had to go to court twice ( not for any crime ) just to get a few things sorted out.

On both occasions I felt sure it was a done deal before we even got into court.

I beleive it's some kind of "Old Boys Club", where the personality and status of the person representing you play a big part in the outcome.

The Bigger the Bucks the Bigger you Look.

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Anybody who thinks talk is cheap, has never had to deal with Lawyers

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Fummie
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Posts: 1715
Registered: May 2000

posted 11-07-2001 18:08     Click Here to See the Profile for Fummie     Edit/Delete Message   Reply w/Quote
I totaly agree with you battla.
Hey SYZYGY, it's just not justice is it.

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Fummie™ is the first.

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Moby
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Posts: 1323
Registered: Jul 2000

posted 11-07-2001 21:19     Click Here to See the Profile for Moby     Edit/Delete Message   Reply w/Quote
Okay.... time for a hypothetical...

If you blew .098% and had no prior convictions, would you ask the court to exercise its discretion, so you could keep your licence?

/me thinks the answer would be yes

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No life at all in the house of dolls. No love lost

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SYZYGY
No Life

Posts: 3520
Registered: Jul 2000

posted 11-07-2001 22:51     Click Here to See the Profile for SYZYGY     Edit/Delete Message   Reply w/Quote
Yep, I most certainly would Moby!

But then the magistrate would say, "Why should I? You're not someone famous who (by default) will get my name plastered all over the media!"

Even magistrates are career builders!

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battla
Freak

Posts: 596
Registered: Jun 2000

posted 12-07-2001 19:53     Click Here to See the Profile for battla     Edit/Delete Message   Reply w/Quote
You said it SYZYGY.

My former Wife who had a perfect driving record ( up till then ) got done for going 0.12 and fined $300.00 with six months suspension twenty years ago.


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