The client was cooperative with the police and made full admissions to the offence. He had no relevant priors for drink driving and this was his first court appearance. A full restitution for the damage caused by his car was also made and our client had remained at the scene and waited for the police to arrive.
We represented the client at the Melbourne Magistrates’ Court on charges of DUI and Exceed PCA.
The plea in mitigation emphasised that our client had been driving for 40 years without incident. A reference was also tendered to the court from his wife which attested to our client’s resolve to reduce his alcohol intake. This reference also explained to the court the adverse effect of his disqualification on his family.
In different circumstances, our client may have been required to undertake a Community Corrections Order with a period of unpaid community work and court ordered alcohol counselling. The magistrate however was satisfied that our client had an otherwise good driving history as this was a case of drink driving with no priors. It was established that our client was a person of good character, had made full recompense for his offending, and was taking appropriate steps to avoid a recurrence of the offence.
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 30/01/2017