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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70202
Experience:  Over 5 years in practice
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I was arrested on boxing day and charged on Thursday

Resolved Question:

I was arrested on boxing day for dui and charged on Thursday with driving over the limit of cannabis, 3 mili g, and as its my first offence is there a defence that would prevent me from losing my licence?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Are you guilty?
Customer: replied 1 year ago.
Yes
Customer: replied 1 year ago.
I wondered if it was worth paying for a solicitor to go to court or if its a forgone conclusion that I'm going to lose my licence regardless
Expert:  Jo C. replied 1 year ago.
You can always put them to proof. they would have to prove that you were driving and that the test was done properly. If they cannot do that then you would be found not guilty.However, you do not seem to have a positive defence. You seem to accept driving and that you were under the influence of cannabis.If so, the ban is mandatory I'm afraid.If you need to avoid a ban then your only option is to put them to proof in court. That is not usually successful but it is possible that they could forget to warn witnesses or lose exhibits.Can I clarify anything for you?Jo
Expert:  Jo C. replied 1 year ago.
If you are convicted then you will be banned I'm afraid. It is mandatory.
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Customer: replied 1 year ago.
Okay. Seems I'll just have to accept my punishment. Thank you