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Drink Driving Charges

Drink Driving - Driving Whilst Disqualified - Exceed Speed

Traffic Lawyers – Sydney and Parramatta Offices

Nyman Gibson Stewart
Criminal Lawyers

Liverpool Local Court

Represented by Solicitor: Shaun Mortimer 

Facts – The client had a history of driving offences, and within the previous 12 months, had been detected driving with a mid-range concentration of alcohol, being disqualified from driving for 2 years and placed on a 12 months good behaviour bond as a consequence. During the term of the bond, the client was detected driving erratically and at an excessive speed. On being pulled over, he was found to be a disqualified driver, and to be heavily intoxicated. He failed a roadside breath test and was taken to the Police station for a breath analysis. When there, the client feigned a heart attack to avoid a breath analysis test being performed, and was taken to hospital, where after recovering, confessed to drinking a bottle of vodka and half a bottle of scotch. The client was charged with driving under the influence of alcohol, driving whilst disqualified, and exceeding the speed limit by in excess of 30km per hour.

Result – The client was in serious danger of being sent to gaol, given that the offences are all of a serious nature, and committed whilst on conditional liberty for similar offences. The client was found to be unsuitable for community service, and therefore had few alterative punishments available other than going to gaol. The client’s abuse of alcohol stemmed from various underlying psychological issues, and a detailed psychological report was prepared and tendered at sentencing in mitigation. It was submitted that as the client had taken steps to identify the cause of his offending  behaviour, and had a willingness to undertake continuing rehabilitation and therapy to address these issues, that a sentence other than one of full time gaol should be imposed, to allow the client ‘one last chance’ to rehabilitate. However, it was conceded from the outset that the charges were serious, and the Magistrate accepted that the client took responsibility for his actions. The Magistrate ultimately determined that some restraint of liberty had to be imposed, but ordered that the client serve this by way of weekend detention only.         

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