Community Corrections Order for client caught drink driving, whist disqualified; fourth offence.
Our client was charged with drink driving and driving whilst disqualified. It was his fourth drink driving offence and the new offending was within 4 months of being sentenced for his third drink driving and being disqualified for driving. Given it was his fourth drink driving offence and was aggravated by the driving whilst disqualified charge, avoiding prison was a great result.
Overall, he faced charges of:
We represented the client at the Ballarat Magistrates’ Court.
In conference with the client, he reported long term alcohol abuse and a social phobia. He was resistant to treatment in saying this.
A lengthy conference with the client and a family member helped him take the step of seeking help; so that by the time the plea hearing came about, the client had seen his GP, been medicated, commenced counselling with his GP and a psychiatrist, and referred to a psychologist. Further, his drinking habits had decreased for the first time for years.
This gave the court some optimism about his prospects of rehabilitation and we had a sound basis for submitting that a community corrections order was a more appropriate sentence than a term of imprisonment. He was sentenced to a 12-month CCO and his licence was disqualified for a further 26 months. This is an excellent result considering the circumstances.
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