Recently, Aaron Roberts represented a client who had been charged with an offence of driving with a high-range prescribed concentration of alcohol. The maximum penalty for a first offence is a fine of $3,300 or a term of imprisonment of 18 months. Upon conviction, the minimum period of disqualification that can be imposed is 6 months and the maximum period of disqualification is 9 months. There is an automatic period of interlock of 24 months that applies upon conviction.

For more information on potential penalties, see our sentencing page.

Aaron was able to successfully argue that it was a combination of our client’s powerful subjective case, his prior good character, the circumstances that immediately preceded the offence and the low-level objective seriousness of our client’s offending that would warrant the Court considering not to record a conviction.

After Aaron made lengthy submissions to the Court, the Magistrate ultimately agreed. This meant that our client was able to avoid a conviction for a very serious drink driving offence, and he was able to continue driving and was not subject to any court imposed periods of disqualifications or interlock.

Photo by Ivan Rivero