Yesterday, Mikaela had an excellent result at Blacktown Local Court for a charge of mid-range drink driving.

Mikaela’s client had a reading of 0.123 and was on his Provisional 2 licence, which means he could not have any alcohol in his system whilst driving. Mikaela’s client drove a short way with one passenger, before being pulled over for a Random Breath Test.

On sentence, Mikaela put before the court, in the form of sworn evidence, an explanation by her client as to extenuating circumstances which lead him to decide to drive under the influence.

In addition, Mikaela put forward significant evidence of rehabilitation, including a certificate of completion from the Road Sense Traffic Offender’s Program, evidence that her client had done independent research on the impacts of drink driving on the community, which included speaking to emergency surgeons at Westmead Hospital. Finally, as a testament to the character of Mikaela’s client and the impact the offending had on him, he had started volunteering for a charity which focuses on young people and alcohol.

Further, Mikaela’s client had the extenuating circumstances surrounding a conviction which involved a significant need for a licence due to family and work. Evidence of this was provided by both the family and employer and was tendered by Mikaela.

Mikaela then was able to make the submission that this case of mid range drink driving was unique in circumstance and due to those circumstances warranted consideration of leniency by the court.

The presiding magistrate agreed and sentenced her client to a section 10 good behaviour bond for 2 years.

This matter highlights the importance of properly and carefully preparing subjective material and most importantly, the impact rehabilitative steps taken by clients have on sentence.

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