Review real driving offence case studies in which O’Brien Solicitors have acted. See the results we have achieved with these traffic offence cases and what our clients have said about us.
Drive while under the influence of alcohol or other drugs, Section 12(1)(a) Road Transport (Safety and Traffic Management) Act 1999 – traces of methylamphetamine – pharmacology report – elements of offence could not be proved beyond reasonable doubt – double jeopardy prevents re-prosecution
Drive a motor vehicle furiously, recklessly or at a speed or in a manner dangerous to the public, Section 42(2) Road Transport (Safety and Traffic Management) Act 1999 – drive a motor vehicle negligently (not occasioning death or grievous bodily harm), Section 42(1)(c) Road Transport (Safety and Traffic Management) Act 1999 – plea of guilty
Negligent driving occasioning grievous bodily harm, Section 117(1)(b) Road Transport Act 2013 – disqualification of licence – good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999 – severity appeal – back-date licence disqualification – conditional non-conviction order, Section 10(1)(b) Crimes (Sentencing Procedure) Act 1999
Drive with high range prescribed concentration of alcohol, Section 110(5)(a) Road Transport Act 2013 – not give particulars to owner of damaged property, Section 287(1) Road Rules 2008 – plea of guilty – representation at sentencing
Drive with low range presence of prescribed concentration of alcohol (PCA), Road Transport Act 2013 Section 110(3)(a) – only just over – Oxford Street – conditional discharge and good behaviour bond, Crimes (Sentencing Procedure) Act 1999 Section 10(1)(b)