Arrested, breath analysis reading of 0.135, charged with Mid Range Drink Driving
Author: Adam Faro
Sutherland Local Court
Represented by Adam Faro, criminal defence lawyer and traffic law expert
Facts – The client had consumed approximately 11 schooners of beer as well as spirits. After leaving the location, he drove his vehicle to drop a friend off at their residence, with the plan being to then drive a further 7 km to his own residence. In negotiating a sharp corner, the client has lost control of his vehicle, and has collided with a parked vehicle. As a consequence, the client’s car was a write off. Both the client and his passenger were not seriously injured. After being arrested, the client retuned a breath analysis reading of 0.135, and was charged with Mid Range Drink Driving.
Result – this was a seriously aggravated for of mid-range offence, where the Court may well have considered some form of custodial penalty. However, the client was disqualified from driving for the minimum period of 6 months, and was given a fine of $500 plus court costs. This disqualification was backdated to the date of the offence, which after having completed the Traffic Offenders Program, saw the client off the road for a further period of 4 months. Great result!!
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