MID RANGE DRINK DRIVING – SEVERITY APPEAL – SECTION 10

Case Study –

Traffic Lawyers Sydney and Parramatta Offices

Traffic Offence - Traffic Matter – Mid Range Drink Driving – Severity Appeal – Section 10

Nyman Gibson Stewart

Criminal Lawyers

Sydney District Court

Represented by Solicitor: Carol Younes

Facts: Client had previously been convicted of low range drink driving in 2001 and was afforded the leniency of the court on that occasion by way of a section 10 dismissal. He had recently located to Victoria with his wife and three children to progress his career. Just prior to the move he was charged with mid range drink driving. He appeared at Waverley Local Court. He was convicted, fined $500 and disqualified from driving for 6 months. It was a condition of his employment that he holds a valid drivers license. Without this he had no job and would have to potentially move the family back to Sydney. Our client contacted another firm of solicitors who advised him it was impossible to get a second section 10 and refused to appear for him on an appeal to the District Court.  Ms Younes said it would be very difficult but not impossible!
Result:   The District Court allowed the appeal. Client was released upon entering into a bond under section 10 for a period of 2 years. This meant no criminal conviction, no fine and no disqualification period. Never say never!

 

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