Published 11 Dec 2011
Case Study - Traffic Charge - Traffic Matter – Sutherland Local Court - Drive with a Mid Range Concentration of Alcohol – Drive Whilst Suspended – Exceed Speed Limit by 10km/h – suspended driving – Traffic Offender Intervention Program – licence disqualification – breath test – breath analysis – Habitual offender declaration quashed
Nyman Gibson Stewart Criminal Defence Lawyers – Sydney and Parramatta
Sutherland Local Court
Represented by solicitor: Shaun Mortimer
Facts: Our client had been involved in an argument with his girlfriend, after which he left the hotel that they were drinking at and drove his car towards home. He was detected speeding by the Police and pulled over. He was subjected to a breath test, and recorded a mid range concentration of alcohol, of 0.094. He was immediately charged and suspended from driving. In order to avoid having to tell his parents that he got into trouble with the Police, he went back to collect his car after being released by the Police, and attempted to drive home. On his way home he was detected making an illegal u-turn and was pulled over. He was again subjected to a breath test, and again returned a mid-range reading - he was then charged again for mid-range drink driving, as well as driving whilst suspended. Until this point in time, his character was unblemished. As a result, he faced a significant period of time disqualified from driving, let alone a gaol term of up to two years. The matter proceeded to sentencing before Sutherland Local Court.
Result: As our client had completed the Traffic Offender Intervention Program, had no previous criminal record, and was otherwise a law abiding citizen it was argued that it would be disproportionate for the client to be given any form of custodial penalty. The Magistrate agreed. However, our client faced a significant period of time being disqualified from driving for these offences, and was in danger of being declared a Habitual Traffic Offender. It was submitted that as he had engaged essentially in one night of madness, that he should be given the benefit of the doubt, and only be disqualified for the shortest possible period of 12 months. The Magistrate agreed, and for these matters in total, disqualified him for only 12 months. This was backdated to the date of the offences. As a result, he was able to apply for a new driver’s licence in 7 months. An application was made for the habitual offender declaration to be quashed. The Magistrate agreed, ensuring that our client avoided an additional five year period of disqualification.
Shaun Mortimer is a criminal defence lawyer based at our Sydney office.