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Case Study: 45-year-old first offender avoids disqualification

Our client was sentenced on Friday in a Local Court in Sydney, charged with Mid Range Drink Driving with a reading of 0.096. He had been detected driving under...

Justin Wong

Our client was sentenced on Friday in a Local Court in Sydney, charged with Mid Range Drink Driving with a reading of 0.096.

He had been detected driving under the influence of alcohol after driving to a Sydney hospital believing that his wife was about to give birth.

Following a plea of guilty in the Local Court, our client completed the Traffic Offenders Program, obtained medical documentation confirming his wife’s pregnancy, as well as references.  Streeton Lawyers argued that in all of the circumstances, particularly his prior good character, need for a licence, and the extenuating circumstances surrounding the offence, he should not be convicted and be allowed to resume driving.

The Magistrate ultimately agreed and our client was sentenced without conviction, on the condition that he agree to be of good behaviour for a period of 12 months.  This means that he can resume driving immediately and avoid a criminal conviction.

Avoiding a conviction for a Mid Range drink driving offence is not common, with maximum penalties of 9 months imprisonment and an automatic disqualification period of 12 months.

Photo by Tim Samuel