Police v MS

Key Words: driving under the influence of alcohol, Road Transport Act Section 110(3)(a); random breath test; no conviction, Crimes (Sentencing Procedure) Act 1999 Section 10

Facts:

MS was a budding actor. She had moved from rural NSW to Sydney at a young age in order to chase her dreams to act overseas. In early 2015, having just broken up with her boyfriend, she was having dinner and drinks at a friend’s house. Having had 4 glasses of wine over a 5.5-hour period, MS calculated that she would be safely under the limit. Her driving was not erratic, and she was only pulled over by police as part of a random breath test. MS was genuinely shocked by the positive reading of 0.056, and was ‘mortified’ by the experience of being charged by the police.

Result:

O’Brien Solicitors argued that MS’s licence was indispensable to her ability to work in Sydney, and moreover that any conviction would seriously hamper MS’s dream to act overseas. We also argued that MS immediately took responsibility for her actions, to the extent that she voluntarily booked herself into a traffic offenders intervention program in the months following the incident. MS pleaded guilty, and no conviction was recorded against her.