November 8, 2013

Drink Driving Charges: Police v IC

Waverley Local Court

Facts:

After a social night out having nibbles and drinking wine at a friend’s house, C was found to have a mid-range alcohol concentration reading of 0.089 and was subsequently charged under s 9(3)(A) of the Road Transport (safety and Traffic Management) Act 1999.

Police had stopped C for a random breath test after she was caught driving approximately 20km/hr over the speed limit in a 60km/hr zone. After submitting to a breath test, C was charged with mid-range PCA and her licence was suspended.

Outcome:

C enrolled and participated in an approved and gazetted Traffic Offenders Program and compiled a number of strong character references and testimonials from her friends, colleagues and employer. The local court Magistrate accepted that C’s position as a single-parent and person whose work relied on having to drive far-and-wide on a regular basis, as well as the good driving record she maintained over the course of her lifetime, made her deserving of a s10(1)(b) dismissal and the imposition of a 6 month good behaviour bond. She was able to keep her drivers licence and her job.

Contact O’Brien Solicitors on (02) 9261 4281 to set up a free appointment with the defence lawyers in our Sydney office. 24 hour phone / text: 0421 373 961