Drive with High Range Prescribed Concentration of Alcohol, Resist Police Arrest and Drive whilst suspended

Published 24 Oct 2011

Criminal Defence Lawyers Sydney and Parramatta Offices

Criminal offence – Traffic Matter – Drive with High Range Prescribed Concentration of Alcohol, Resist Police Arrest and Drive whilst suspended

Nyman Gibson Stewart

Criminal Lawyers

Waverley Local Court

Represented by Solicitor: Carol Younes

Facts: Client charged with high range drink driving and resisting police arrest. Police issued him with a Notice of Suspension immediately. Only days later he was stopped by police again and charged with driving whilst suspended. Our client had three previous drink drives on his record and these matters were considered subsequent offences within 5 years. This meant that a custodial sentence was a realistic outcome. In addition to that our client was looking at a minimum 9 years disqualification after the Habitual Offender Declaration was made.

Ms Younes worked with the client leading up to the sentence proceedings to collate a bundle of documents to support a very strong subjective case and made very persuasive submissions to allow the court to find good reason to reduce the sentence that may have otherwise been imposed.

Result:  

High Range PCA: 2 year disqualification, 100 hours Community Service Order

Resist Arrest: section 10

Drive Whilst Suspended: 2 year disqualification and 2 year section 9 good behaviour bond 

The disqualification periods run concurrently and the Habitual Offender Declaration is quashed. In effect it meant that our client received a 2 year disqualification. The client was very relieved at the outcome.

Carol Younes works from our Parramatta office