June 24, 2013

Driving Offence Case Studies

Sydney road where our driving offence case studies can occurReview 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.

Police v GSH:

Drive with high range PCA, Section 110(5)(a) Road Transport Act 2013 – first offence – early plea of guilty – good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999

Police v MAS:

Drive with low range PCA (first offence), Section 110(3)(a) Road Transport Act 2013 – non-conviction order conditional on good behaviour bond, Section 10(1)(b) Crimes (Sentencing Procedure) Act 1999

Police v NJD:

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

DPP v GOS:

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

BDA v DPP:

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

Police v MHX:

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

MVK v Police

Negligent driving occasioning grievous bodily harm, Section 117(1)(B) Road Transport Act 2013 – severity appeal – minimum disqualification period imposed

Police v RE

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)

Police v LC

Habitual traffic offender declaration, Road Transport Act 2013 Section 217 – mental illness, substance abuse – appeal – declaration quashed

Police v MS

Driving under the influence of alcohol, Road Transport Act Section 110(3)(a) – random breath test – no conviction

Police v JG

Driving under the influence of drugs (amphetamines); s.32  Mental Health (Forensic Provisions) Act 1990; defendant discharged; dismissal of charges

Police v MB

Negligent driving occasioning bodily harm; District Court appeal; Section 10 dismissal, no conviction recorded; no disqualification

Police v PK

Drive without a licence; plea of guilty

Police v RRR

Low range PCA; appeal in the District Court; Section 10(1)(a) dismissal

Police v IC

Mid range PCA; driving under the influence; section 10 dismissal; no conviction recorded

Police v KPP

Negligent driving occasioning grievous bodily harm; s.42(1)(b) Road Transport Act 1999; plea of not guilty; charge dismissed

Police v AL

Special category driver drive with special range PCA 1st offence; plea of guilty; Section 10(1)(b): 2 year good behaviour bond

Police v IS

Drive vehicle recklessly/furiously or speed/manner dangerous; negligent driving; plea of guilty; fined

Police v VD

Low range PCA; section 10 Crimes (Sentencing Procedure) Act 1999; good behaviour bond

Police v KR

High range PCA; fine

Police v JE

Drive without licence; not guilty; honest and reasonable belief