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I did not mean to go over the limit.

I was at a work function and I was really careful about how many drinks I had before I drove. On the way home I went through a booze bus and blew .06. I thought I had been careful. Will this be taken into account by the court?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 10-11-2015
1 Lawyer Answered
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  1. Driving & Traffic
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Pearl Beaumont, Penrith 2570 NSW

  • You will still be convicted of a drink driving offence.
  • The fact that you did not mean to go over the limit is not relevant as drink driving is a strict liability offence.
  • Your belief as to how many drinks you had consumed can be mentioned in your plea in mitigation. It may be argued that your efforts to monitor your drinks reflects a less serious example of this type of offence. 

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