When you have a criminal record, you generally have to declare it on arrival cards into the country. You may need to get a visa beforehand or some kind of document that permits you to travel to that country. The US in particular I believe have issues with any type of criminal record.
The purpose of this post is to document places I have been and where, if at all, there has been an issue:
Hungary - Before I travelled to Hungary, I sent emails approx 2 months prior to my travel date to the Australian Embassy in Hungary and the Hungarian Embassy in Australia to ask first whether I would be likely to experience any problems. Neither bothered to reply to my email! I also rang the embassy in Hungary and was told someone would call me back and of course, noone did. When I eventually travelled to Hungary, there were no forms to complete on the aeroplane or upon arrival, and I went straight through the 'nothing to declare' aisle without any problems.
Germany: I only passed through here on the way to Hungary. There were no arrival entry cards to complete and when I arrived the 'something to declare' queue was closed off and everyone was going straight through the 'nothing to declare' section. Not sure if that was because I arrived at 6am in the morning and they just didn't have enough staff at that time, but there were no problems.
Thailand: I travelled here in 2012 and had no issues here. No questions asked about criminal record.
Saturday, August 6, 2011
Drink Driving - Preparing for your Court Case
While you are waiting for your court case, there are a few things you can do to prepare:
1. Get a Lawyer - if you can afford it, get a lawyer to represent you. The reason being that the lawyers act in your best interests. They work on these cases all the time and therefore know what to expect. They can present you in the best possible light, and generally speaking they will have had experience in front of the judge presiding on your case, thus they will know what to do, and what not to do in front of him/her. The fact that you have engaged a lawyer also shows that you are taking the case seriously and because you have already had some out of pocket expenses in hiring the lawyer, it may help to reduce the fine that you are given.
2. Get References - it's a good idea to have references prepared for your court case. Not just any reference though, the referee has to make mention of the fact that they are aware of your drink driving charge, and has to speak of your character. Some magistrates give little weight to references (because it's rare for them to ever be presented with a 'bad' reference), while others do take them into consideration. It's best to err on the side of caution and have some prepared anyway. In my case, the magistrate said that she's 'never seen a bad reference, but noted that my references did go so far as to support what my lawyer was arguing/presenting'.
3. Enrol in a Traffic Offenders Program at your local PCYC. If you can afford it, go and do this course before your court date. It runs for around 8-12 weeks and it shows to the judge that you are being proactive in changing your habits and that you are taking the drink driving charge seriously. You will be given assignments each week during this course, and at the end of the course, the Coordinator will send a report to the presiding judge with some information about your attendance, your character and what you learnt from the course. For that reason, be on your best behaviour during the course, and take the assignments seriously. If, for example, you write responses such as 'I don't think I should have been charged, I was more than capable of driving', then it will indicate that you have not learnt anything, and it may go into the report sent to your presiding judge.
Apart from assisting with your court case, it's also a fantastic course, an absolute eye opener, and a life-changing experience.
4. Gather Evidence: if there is anything that may help to explain your drink driving behaviour (for example if you suffer from depression or anything of that nature), gather some proof of that as it may assist in the reduction of your sentence.
5. Driving License Required for Work: If you can prove that you need your driving license for work and that public transport is not an option, or that losing your license will put you in a situation of unbearable hardship, then you may be fortunate enough to retain your driving license. It's ultimately up to the discretion of a judge whether that happens and it is rare. Drink driving cases are viewed seriously by the courts.
1. Get a Lawyer - if you can afford it, get a lawyer to represent you. The reason being that the lawyers act in your best interests. They work on these cases all the time and therefore know what to expect. They can present you in the best possible light, and generally speaking they will have had experience in front of the judge presiding on your case, thus they will know what to do, and what not to do in front of him/her. The fact that you have engaged a lawyer also shows that you are taking the case seriously and because you have already had some out of pocket expenses in hiring the lawyer, it may help to reduce the fine that you are given.
2. Get References - it's a good idea to have references prepared for your court case. Not just any reference though, the referee has to make mention of the fact that they are aware of your drink driving charge, and has to speak of your character. Some magistrates give little weight to references (because it's rare for them to ever be presented with a 'bad' reference), while others do take them into consideration. It's best to err on the side of caution and have some prepared anyway. In my case, the magistrate said that she's 'never seen a bad reference, but noted that my references did go so far as to support what my lawyer was arguing/presenting'.
3. Enrol in a Traffic Offenders Program at your local PCYC. If you can afford it, go and do this course before your court date. It runs for around 8-12 weeks and it shows to the judge that you are being proactive in changing your habits and that you are taking the drink driving charge seriously. You will be given assignments each week during this course, and at the end of the course, the Coordinator will send a report to the presiding judge with some information about your attendance, your character and what you learnt from the course. For that reason, be on your best behaviour during the course, and take the assignments seriously. If, for example, you write responses such as 'I don't think I should have been charged, I was more than capable of driving', then it will indicate that you have not learnt anything, and it may go into the report sent to your presiding judge.
Apart from assisting with your court case, it's also a fantastic course, an absolute eye opener, and a life-changing experience.
4. Gather Evidence: if there is anything that may help to explain your drink driving behaviour (for example if you suffer from depression or anything of that nature), gather some proof of that as it may assist in the reduction of your sentence.
5. Driving License Required for Work: If you can prove that you need your driving license for work and that public transport is not an option, or that losing your license will put you in a situation of unbearable hardship, then you may be fortunate enough to retain your driving license. It's ultimately up to the discretion of a judge whether that happens and it is rare. Drink driving cases are viewed seriously by the courts.
What Happens When You Get Caught Drink Driving
Note: this blog is not intended to give legal advice, just to document my own experiences. It is best to consult with a lawyer for the most up-to-date and accurate information.
What happens when you get caught drink driving?
Firstly the police can breathalise you at any time out on the street. They do not need a reason to pull you over and breathalise you, they can do a random breath test at any time. Because the equipment they use out on the road is not always accurate, if the reading is over the limit, they will not tell you what the reading was, but rather will ask you to come back to the station for a second reading.
Once they have made the determination that you are over the limit from the first reading, you will not be able to drive your car any further. You'll need to leave it parked exactly where it is. The police will not even let you drive it 20m to move it out of a No Standing Zone. If you have a passenger in the car, they can move it for you, or if the police are nice enough, they may even move it for you.
You will then be asked to accompany the police back to the station, and you will be placed in the back of their paddy wagon - it's embarrassing to say the least.
If you happen to be carrying a bag with you, the police will take it from you before you enter the paddy wagon, the reason being that they don't want you to use anything within your bag to hurt yourself or anyone else (such as a knife etc).
Back At The Police Station
When you get back to the police station, you'll be placed in a cell area where you will need to wait for them to call you to do a second breath test. While you are waiting, the police will go through all the contents of your bag. They itemise and record anything that was in there, and ask you to sign a document listing all of the items you brought with you. That is to ensure that all items are returned to you when you leave the police station, and nothing is missing. If they find drugs in your bag, then, according to the policeman that I dealt with, they cannot charge you for those drugs because it is deemed an 'illegal search', however it would be best to consult with your lawyer to double check that. I suspect however that they may use that drug information in the police case against you to discredit your character.
The police will ask you random questions while you are waiting, and will be observing your behaviour, so it is best to act as maturely as you possibly can.
You will not be allowed any water or anything to drink or eat before the second breath test, just to ensure that it does not interfere with the accuracy of the second reading.
The police will then use a more sophisticated piece of equipment to conduct your second breath test. The second breath test may be 20-30 minutes later than when you were first caught, which, depending on the circumstances of your drinking, may work in your favour. The police will then give you your reading. If the reading is mid or high range, then your license will be taken from you immediately and you will not be able to drive until the outcome of your court case. If the reading is low range, you will not lose your license immediately, and thus can continue to drive up until your court case, however you may lose your license for a period of time as a result of the court case.
The police will give you some documentation, including the date of your court case and the location of your court case, and you will then be free to leave (assuming there are no other problems such as being charged for injuring another person or anything of that nature).
In Court with a Lawyer
First mention:
Your lawyer will plead guilty or not guilty on your behalf.
Usually your matter will be adjourned for approximately 4-6 weeks to allow the Police enough time to prepare evidence. A brief of evidence contains all the evidence that the Police intend to use at the hearing of the matter. Generally police are not able to call upon additional evidence that was not contained in the brief of evidence and served on you 28 days prior to the hearing.
Police do not always serve the brief of evidence upon you by the date allocated by the Registrar. However as long as they provide a reasonable reason for not providing the brief of evidence by that date, the Registrar will typically give Police futher time to serve it.
Second Court Appearance:
Once the Police have served the brief of evidence upon you, your lawyer will ask the Registrar for a hearing date.
The Court Hearing
In the court, it is very production-line. You'll be there with many other cases which are being heard on the same day, and you will be able to sit and hear the cases and the outcomes of the cases, and people will be sitting and hearing your case. There will not necessarily be a set time that you are on, but rather you will sit and wait until your case is called.
Cross Examination Tips
What happens when you get caught drink driving?
Firstly the police can breathalise you at any time out on the street. They do not need a reason to pull you over and breathalise you, they can do a random breath test at any time. Because the equipment they use out on the road is not always accurate, if the reading is over the limit, they will not tell you what the reading was, but rather will ask you to come back to the station for a second reading.
Once they have made the determination that you are over the limit from the first reading, you will not be able to drive your car any further. You'll need to leave it parked exactly where it is. The police will not even let you drive it 20m to move it out of a No Standing Zone. If you have a passenger in the car, they can move it for you, or if the police are nice enough, they may even move it for you.
You will then be asked to accompany the police back to the station, and you will be placed in the back of their paddy wagon - it's embarrassing to say the least.
If you happen to be carrying a bag with you, the police will take it from you before you enter the paddy wagon, the reason being that they don't want you to use anything within your bag to hurt yourself or anyone else (such as a knife etc).
Back At The Police Station
When you get back to the police station, you'll be placed in a cell area where you will need to wait for them to call you to do a second breath test. While you are waiting, the police will go through all the contents of your bag. They itemise and record anything that was in there, and ask you to sign a document listing all of the items you brought with you. That is to ensure that all items are returned to you when you leave the police station, and nothing is missing. If they find drugs in your bag, then, according to the policeman that I dealt with, they cannot charge you for those drugs because it is deemed an 'illegal search', however it would be best to consult with your lawyer to double check that. I suspect however that they may use that drug information in the police case against you to discredit your character.
The police will ask you random questions while you are waiting, and will be observing your behaviour, so it is best to act as maturely as you possibly can.
You will not be allowed any water or anything to drink or eat before the second breath test, just to ensure that it does not interfere with the accuracy of the second reading.
The police will then use a more sophisticated piece of equipment to conduct your second breath test. The second breath test may be 20-30 minutes later than when you were first caught, which, depending on the circumstances of your drinking, may work in your favour. The police will then give you your reading. If the reading is mid or high range, then your license will be taken from you immediately and you will not be able to drive until the outcome of your court case. If the reading is low range, you will not lose your license immediately, and thus can continue to drive up until your court case, however you may lose your license for a period of time as a result of the court case.
The police will give you some documentation, including the date of your court case and the location of your court case, and you will then be free to leave (assuming there are no other problems such as being charged for injuring another person or anything of that nature).
In Court with a Lawyer
First mention:
Your lawyer will plead guilty or not guilty on your behalf.
Usually your matter will be adjourned for approximately 4-6 weeks to allow the Police enough time to prepare evidence. A brief of evidence contains all the evidence that the Police intend to use at the hearing of the matter. Generally police are not able to call upon additional evidence that was not contained in the brief of evidence and served on you 28 days prior to the hearing.
Police do not always serve the brief of evidence upon you by the date allocated by the Registrar. However as long as they provide a reasonable reason for not providing the brief of evidence by that date, the Registrar will typically give Police futher time to serve it.
Second Court Appearance:
Once the Police have served the brief of evidence upon you, your lawyer will ask the Registrar for a hearing date.
The Court Hearing
In the court, it is very production-line. You'll be there with many other cases which are being heard on the same day, and you will be able to sit and hear the cases and the outcomes of the cases, and people will be sitting and hearing your case. There will not necessarily be a set time that you are on, but rather you will sit and wait until your case is called.
- Proof of Guilt - police must prove that you are guilty of the offence beyond a reasonable doubt. If the magistrate has reasonable doubt, they may dismiss the charge.
- The Police Case - The police will call witnesses to try and prove that you committed the crime. Your lawyer may object to questions asked by the Police Prosecutor in some cases. Your solicitor may then cross examine the witness. After all witnesses have given evidence, the Police Prosecutor will close the Police case
- The Defence Case - If you plan on giving evidence, you will normally give evidence first. Your lawyer will ask you a series of questions designed to ensure you give all relevant details and evidence. Your witnesses (if any) will then give evidence. The Police Prosecutor and lawyer will then make submissions upon the evidence given.
- Magistrate Decision - The magistrate will make their decision on the evidence provided and will find you either guilty or not guilty and deliver the sentence.
Cross Examination Tips
- Be natural. Rehearsed answers can sound artificial
- Keep answers short - yes or no is often sufficient
- Avoid arguments with the Police Prosecutors
- Deliver in a calm and collected manner, don't be emotional in your delivery
- Stick to the facts, don't exaggerate the details
- Leave a small pause before answering any questions such that if your lawyer wishes to object to the question they can do so.
- Don't attack the credit of the Police's Prosecutor's witness, your lawyer can do that.
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