The client 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 our client to stop. Upon smelling intoxicating liquor on his breath, eyes glazed, and sweat secreting from his forehead, the Police cautioned him and placed under arrest for the purpose of a breath analysis. He was conveyed to a Police station and a breath analysis returned a reading of 0.027 grams of alcohol. He pleaded guilty to the charge.
The client had one previous traffic conviction (not give way at lights to oncoming vehicle (Right turn).
The solicitor 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 client’s background, his need for a 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 he enters into a bond to be of good behaviour for 2 years.
Contact O’Brien Criminal and Civil 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