Drink Driving Charges

High Range Drink Driving

Nyman Gibson Stewart Criminal Lawyers

Criminal matter –traffic lawyers Sydney and Parramatta Offices

Newtown Local Court

Represented by Shaun Mortimer

Facts – the client had attended a work ‘long lunch’ on a Friday afternoon, and has lost count of how many drinks he consumed. He vaguely recalled making his way to his car to drive home, but then blacked out. He believed that his intention was to drive a distance of about 20km from where he had parked to home. The client has driven so far as an intersection, some 2km from where he recalled parking. The next thing he knew, he had passed out at the wheel of his car, and was being awoken by Police. The Police had been called by motorists who were behind the client at the intersection, and who were being held up. The client was charged with high range drink driving, with a reading of 0.207.

Result – the circumstances of this offence placed the client in danger of receiving a custodial penalty, let alone a lengthy period of disqualification from driving. After completing the Traffic Offenders Program, it was outlined to the Magistrate that the client’s good character, remorse and prospects of rehabilitation justified leniency. The Magistrate agreed with these submissions, and disqualified the client from driving for 18 months, whilst also placing him on a good behavior bond for 18 months. Despite the severity of the offence, the period of disqualification imposed was only slightly above the minimum period prescribed for high-range drink driving offences.   

 

 

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