Dangerous Driving and Drink Driving – Fine
The client had been charged with several traffic offences: failing to have proper control of his vehicle (a road rule offence), driving in a manner which caused his car wheels to lose traction (another road rule offence), dangerous driving, and drink driving.
He had been drink driving (he later was found to have a blood alcohol concentration of 0.136) and was observed to have accelerated very quickly from a set of lights before losing control, regaining control, losing control again, and crashing into a tree on the median strip. He was lucky he did not cross the median strip into oncoming traffic.
We acted on the client’s behalf at the Melbourne Magistrates’ Court. Overall, the offences involved were:
- Fail to have control of vehicle
- Drive in manner to lose traction
- Dangerous driving
- Exceed PCA – 49 (1)(b)
- Exceed PCA 49(1)(f)
Following discussions with the police, the police withdrew the more serious charge of dangerous driving and the client pleaded guilty to two charges: failing to have proper control of his vehicle and drink driving.
The client had suffered significant injuries in the accident and medical reports were tendered in mitigation. The client also had a good previous driving history and the court accepted that the incident was ‘out of character’.
A fine was ultimately imposed and the client was given a period of six months to pay the amount, along with a driving disqualification effective for 14 months.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 22/04/2016