APPEALS - DRINK DRIVING - MID RANGE PCA

Published 12 Sep 2011

CASE STUDY – District Court Appeal – Severity Appeal

The Facts: Drink Driving; mid-range 0.135; aged 55; held driver’s licence for 38 years; good driving record; good character references

Local Court:Convicted; criminal record; disqualified for 12 months; $1,200 fine

On Appeal: Appeal allowed; due to excellent driving record; offence out of character; section 10 Crimes (Sentencing Procedure) Act with a 12 month good behavior bond; need for licence; good character

Although the drink driving reading was in the upper part of the mid range, the excellent driving record was of great assistance in successfully appealing for this client to be given an opportunity to avoid a criminal conviction and keep their licence.

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