Driving Under the Influence (DUI) Charges Case Study

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Client Avoids Jail on DUI Drugs Charge

Burwood Local Court

Facts

Our client came to police attention after a minor collision which ended with her bringing her vehicle to a stop on top of a curb. While being interviewed by the police, it became apparent that our client was highly intoxicated. She was charged with Driving Under the Influence of Drugs, namely cannabis and ecstasy. She also informed the police that she regularly drove her vehicle while in a similar condition.

Result

Given the seriousness of the offence, our client could have been imprisoned for up to nine months or had an automatic driver's licence disqualification of 12 months.

However, our client was reliant on her driver's licence for work.

On our advice, our client successfully participated in the Traffic Offenders Intervention Program, an educational course regarding traffic laws and offences. Our client's tender age of only 18 years, and the fact that she was taking steps to deal with her drug use, were factors which we relied upon in seeking to mitigate our client's offending. Our client also had an otherwise clean criminal record.

We made submissions to the effect that our client accepted and realised the dangerous nature of the offence which she had committed, her good prospects of rehabilitation and the unlikelihood of her reoffending. Although the magistrate considered that our client's offence was too serious not to record any conviction, the only additional penalty imposed on our client was a licence disqualification for the minimum period of six months.

A positive outcome

Although our client was charged with a serious offence of Driving Under the Influence of Drugs, we were able to argue that her genuine intention to rehabilitate herself demonstrated that she should not be subjected to any custodial sentence.

In order to secure the best possible outcome for yourself in a criminal matter, it is essential that you obtain legal advice as soon as possible after you have been charged.

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