Published 08 Dec 2011
Nyman Gibson Stewart Criminal Lawyers
Traffic matter - traffic lawyers Sydney and Parramatta Offices
Burwood Local Court
Represented by solicitor: Robert Hoyles
Facts: Client said that he was in the passenger seat and swapped seats when the RBT was up ahead because the driver didn’t have a licence. He failed a breath test and subsequently the breath analysis returning a reading which resulted in him being charged with high range drink driving. He was not the driver
Result: Four police officers gave evidence that our client was the driver. They were cross examined about their ability to make the observations that they claimed were made. Our client gave evidence that he was not the driver of the vehicle and we subpoenaed the real driver of the vehicle to give evidence.
The charge was dismissed and the client found not guilty. Police subsequently provided information to the RTA that resulted in our client’s licence being suspended on medical grounds. We appealed that decision to the Local Court and his licence suspension was lifted.
The driver of the vehicle was later charged with Driving Whilst Unlicensed. We appeared for her at Newtown Local Court and the matter was dismissed under Section 10 – no conviction, no fine, no disqualification.