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Case Study: Low range drink driver avoids conviction

Our client this week avoided a criminal record in a Local Court in Sydney. Charged with driving with Low Range PCA and Exceeding the Speed by More than 30km...

Janelle Tarabay

Our client this week avoided a criminal record in a Local Court in Sydney. Charged with driving with Low Range PCA and Exceeding the Speed by More than 30km per hour, he pleaded guilty and completed the Traffic Offender’s Program.

Being employed in the banking and finance industry, our client was concerned about the impact a criminal conviction may have on his employment prospects.

When the matter proceeded for sentence, Streeton Lawyers argued that the impact a conviction may have was such that the court could deal with the drink driving matter without conviction, and convict him for the speeding matter. Because this would still result in some disqualification, but no criminal conviction, his employment would not be effected.

The Magistrate considered all of the material and submissions, and ultimately agreed. Our client avoided a criminal conviction, and was fined for the speeding matter.

It is not uncommon that individuals working in the banking or finance industry are required to submit to background checks when applying for new positions. Although convictions for drink driving and other offences may not automatically bar them from employment, clients are often concerned that convictions may make them less competitive. Today’s result means that our client was able to maintain his prior good character.

Photo by Matúš Burian