Drink Driving Charges

High Range Drink Driving

Nyman Gibson Stewart Criminal Lawyers

Criminal matter –traffic lawyers Sydney and Parramatta Offices

Sydney District Court

Represented by Shaun Mortimer

Facts- the client had consumed an unknown amount of alcohol, whilst also taking anti-anxiety medication. These two factors interacted, and the client has no recollection of the evening in question after consuming two glasses of wine, other than finding herself behind the wheel of the car. The client has then collided with the rear of a vehicle parked at an intersection near Sydney Airport. On attempting to park the car to get out of the vehicle, the client has then hit a parked taxi. When police arrive, they found the client to be well effected by alcohol. Later breath analysis reading was 0.256, vastly in excess of the high-range reading.

Result – in the Local Court, the client was disqualified from driving for 2 years, and was given a community service order of 450 hours, being the maximum amount available to be imposed to be  after the discount for a guilty plea, which was valued at just 10% by the Magistrate, was taken into account. An appeal against the severity of the sentence was lodged. When the matter came before the Chief Justice of the District Court, it was argued that the client’s otherwise exceptional character meant that her disqualification from driving was an appropriate penalty in itself, given the accidents and the high reading. However, it was submitted that the community service order was inappropriate.  The Chief Justice agreed, and the community service order was quashed in entirety. 

 

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