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Case study: Conviction avoided for P2 drink driver

Charged with Low Range PCA, our client was a  P2 licence holder. Accordingly, her legal limit was zero. Our client’s blood alcohol reading of 0.058 meant that the seriousness...

Janelle Tarabay

Charged with Low Range PCA, our client was a  P2 licence holder. Accordingly, her legal limit was zero. Our client’s blood alcohol reading of 0.058 meant that the seriousness of her offence was similar to someone on their full licence being charged with Mid Range PCA.

When the matter first came before the court, Zoe Whetham, criminal solicitor at Streeton Lawyers, adjourned the matter so that our client could complete the Traffic Offenders Program. During this adjournment period Zoe Whetham worked closely with our client to prepare subjective material for sentence, including character references and a letter of contrition to the court.

Zoe appeared on sentence. Subjective material was tendered and she made oral submissions on our client’s remorse, her prior good character as well as her need for a licence.

The Magistrate considered all of these factors and found that a conviction should not be recorded, placing her on a bond to be of good behaviour for a period of 12 months, without a conviction.

This outcome meant that our client was able to avoid the automatic disqualification period of 6 months that is imposed upon conviction, as well as avoiding a maximum fine of $1,100.

Photo by Hassan OUAJBIR