Ordinarily, this offence carries a mandatory disqualification from driving for 3 – 6 months and a mandatory interlock period of 12 months, in addition to a criminal conviction and penalty.
Maxine’s client was stopped by a random breath test the morning after a night out. There were several aggravating features of the offence, including that he was driving a very long distance and had a young passenger in the car. The client also had a prior conviction for high-range drink driving.
Maxine tendered extensive subjective material relating to her client’s need for a licence to support his family and do his job. She argued that in the circumstances, the Court should take the unusual step of not convicting her client. Ultimately, the Magistrate agreed and Maxine’s client left the court without a criminal conviction or a disqualification from driving.
For more information on drink-driving offences, see our drink driving page. If you have been charged with a drink-driving offence, contact one of our criminal law specialists on (02) 9025 9888.