Drink Driving and Careless Driving – Fine, Minimum Disqualification

This is a case study on drink driving and careless driving at the Heidelberg Magistrates’ Court, where the client received a fine and the minimum disqualification period backdated to the date of the offence.

What is alleged to have occured?

In the first incident, he was charged with Drink Driving and Careless Driving, when he got behind the wheel after he had been drinking at a BBQ and reversed into a fence. When the police attended, they suspended his licence on the spot. In the second incident, the client was charged with Driving Whilst Suspended.

What happened at court?

Amelia Ramsay represented the client at the Heidelberg Magistrates’ Court. The charges were:

• Exceed PCA – 49 (1)(B)
• Exceed PCA 49(1)(F)
• Careless Driving

The matter proceeded by way of consolidated plea to the two briefs. The prosecution withdrew the alternative drink driving charge and a plea was entered on the remaining charges.

We made detailed submissions regarding the client’s personal circumstances and exemplary driving record. As a truck driver, the client has been driving every day for at least 25 years, during which time he has never been charged with an offence that required him to appear before a court.

The client had been experiencing trouble with his daughter which contributed to him getting behind the wheel. After his licence was suspended and as the only breadwinner, the client felt that he had to continue driving in order to support his family. It was in these circumstances that he was caught driving suspended.

All these matters were presented to the court along with character references that we had assisted the client to obtain.

What was the result?

The magistrate was persuaded by our plea and accepted our submissions. He acknowledged that this case of Drink Driving and Careless Driving deserves a lenient outcome and he agreed not to impose more than the minimum disqualification period of 19 months. In addition to this, he also agreed to back date the disqualification. The client was fined an aggregate amount of $200 for all charges.