High Range Drink Driving charges, Section 10

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High Range Drink Driving charges, Section 10

Author: Phillip GibsonCriminal Defence Lawyer Phillip Gibson at our Sydney Office

Represented by Phillip Gibson, Accredited Specialist Criminal Law

The Facts:

Our client was found asleep at the wheel of his car in the early hours of the morning with the engine running but the car in "park". When a breath analysis was conducted, our client's blood alcohol content was found to be 0.193. He was charged with high range drink driving.

The Result:

Despite the circumstances of our client's offending, the charge against him was dismissed in accordance with section 10. We stress that this is a very rare result for an offence of this nature, and should not be taken as a guarantee that you would obtain the same result even in similar circumstances.

In our client's situation, he had been driven to the location where he was ultimately found because he was too intoxicated to drive. The driver left our client and he got into the driver's seat – but did not drive.

An unusual case

Although there was some discussion about whether our client had tried but failed to put the vehicle into motion, because the vehicle had not travelled any distance, our client had an excellent driving and non-existent criminal record, and no person was actually put at risk, the court used its discretion not to record a conviction.

Without the services of an accredited, specialist criminal lawyer our client would most likely not have been able to obtain such a positive result

If you are facing drink-driving charges and you need advice from a qualified criminal lawyer, no matter how severe the charge against you, get in touch using the contact form on this page or by calling 1800 NOT GUILTY. We have experienced criminal law specialists standing by 24/7 at our Sydney and Parramatta offices.

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