The offender was a taxi driver driving down a busy road in Sydney’s Eastern suburbs, at the time he had three passengers in his taxi. The Police were conducting stationary random breath testing and the Police signalled for the offender to stop. Upon smelling intoxicating liquor on his breath, eyes glazed, and sweat secreting from his forehead, the Police cautioned the offender and placed under arrest for the purpose of a breath analysis. The offender was conveyed to a Police station and a breath analysis returned a reading of 0.027 grams of alcohol. The offender pleaded guilty to the charge.
The offender had one previous traffic conviction (not give way at lights to oncoming vehicle (Right turn).
The solicitor for the offender made submissions that the matter fell within the provisions of section 10 of the Crimes (Sentencing Procedure) Act. In doing so, the solicitor set out the offender’s background, the offender’s need for his license due to his employment as a taxi driver, and his financial circumstances.
The Local Court Magistrate conditionally dismissed the charge without recording a conviction pursuant to section 10(1)(b) of the Crimes (Sentencing Procedure) Act upon the condition that the offender enters into a bond to be of good behaviour for 2 years.
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