This is a case study on Drive Disqualified with drink driving priors.
What is alleged to have occured?
After driving home from work, our client went through a random breath-testing station on a main road in the outer norther-suburbs. He passed the breath test but unfortunately was disqualified from driving. He had previously lost his license for drink-driving. He was cooperative with the police and gave a short explanation as to why he was driving. He did not pretend to be unaware of his license disqualification.
In the months that followed, our client received a charge and summons to attend court for Drive Whilst License Disqualified. He had never been to court before. For this reason, he was especially nervous as to what the outcome would be, particularly as he was not in possession of his license and could drive (albeit subject to an interlock condition, and 0% BAC).
What happened at court?
We represented the client for the charge of Drive Disqualified.
The preparation of our client’s case honed in on his otherwise excellent driving history. At the time of the offence, our client was 54 years old and – had he not had the earlier drink-driving infringement – had no other offences or Court appearances. The client had accordingly been driving for 36 years and was entitled to call upon that otherwise good driving history in mitigation.
The client’s good character was also demonstrated by his consistent employment. This was another factor that was important to be conveyed to the Magistrate. He dutifully obtained character references setting out the history of his employment and the excellent attributes he had as an employee. A reference was also sought from his wife, who was fully aware of the circumstances of the offence. In a well-written letter to the court, she explained why it was that she couldn’t attend to pick up the client, and thus put some context to the offence.
What was the result?
After a plea in mitigation, where these matters were submitted to the Magistrate, the client was convicted and fined $400. But importantly, the Magistrate was persuaded not to further interfere with the client’s license by way of suspension.
This was a good result particularly for a case of Drive Disqualified with drink driving priors. The outcome enabled our client to continue his employment without disruption and he was very satisfied.
Elements of Drive Disqualified:
- The accused drove
- The accused drove a motor vehicle
- The accused drove on a highway
- The accused was disqualified
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 31/08/2018
