Published 08 Dec 2011
Criminal Lawyers Sydney and Parramatta Offices
Traffic Matter – Traffic Offence – Drive with a Mid Range Concentration of Alcohol – Negligent Driving – Motor Vehicle Accident – Serious Injury
Nyman Gibson Stewart
Criminal Defence Lawyers
Waverley Local Court
Represented by Solicitor: Shaun Mortimer
Facts –Our client, who had significant problems with alcohol, was driving home from work after having consumed several beers, several valium tablets, and whilst drinking from a bottle of wine. Whilst driving, a Police vehicle that was driving in front of him slowed to make a right turn, which our client failed to observe. As a result, he collided with the vehicle. He was later breath tested, and blew just below the high range reading. He was charged with driving with a Mid-Range Concentration of Alcohol, and Negligent Driving.
Result – Our client at the time of the incident had been making an effort at rehabilitation for alcohol abuse, and was receiving on going counseling for this. He was remorseful for his actions, and was willing to participate in the Traffic Offenders Program. However, given the high reading, nature of the crash, and the fact that he had previous convictions for drink driving, and that one of the officers involved suffered a serious back injury from the collision, our client faced a high possibility of receiving some form of custodial penalty. However, despite these aggravating features, it was submitted on our client’s behalf that his remorse, good prospects of rehabilitation, and general good character, justified a community based sentencing option being imposed. The Magistrate agreed, and accordingly placed our client on a good behaviour bond, conditioned on receiving on going counseling for alcohol abuse.