Drink Driving – Appeal Against Prison term

Our client pleaded guilty in the Broadmeadows Magistrates’ Court to drink driving with a reading of 0.180. It was his eighth offence and he was represented by other solicitors and was sentenced in the Magistrates’ Court to 4 months imprisonment, with 2 months to serve and 2 months suspended for 2 years. He appealed to the County Court and came to Doogue + George for assistance. Our client wanted to avoid a gaol term.

We represented the client during the appeal at the Melbourne County Court.

We obtained a psychological report for our client, diagnosing his alcohol dependency and his mental health issues. On that basis, the Judge was persuaded to adjourn to allow him to do residential rehabilitation and to make the client prove that he was committed to ceasing drinking.

After our client had done rehabilitation at Malvern Private Hospital, we came back to the Court and the Judge placed him on a Community Correction Order for 12 months with no community work condition, so he could continue to be treated and be supervised in the community.

 


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 25/02/2013