Driving Under the Influence Careless Driving

The accused was a 19 year old with no prior Court appearances. He had been invited to a wine tasting by a previous employer and, due to the fact that he was not a regular drinker, decided to drive whilst under the influence. As a consequence he ran into a fire hydrant.

He was charged with:

We represented the client at the Melbourne Magistrates’ Court.

The accused was educationally a high-achiever, having been placed in the top 400 students in the state during his VCE year. He was, at the time of the plea, studying law with a view to gaining employment in the United States in the area of entertainment law.

His girlfriend was present in the car at the time of the accident (she was not injured) and the accused was so shaken by what had happened that immediately after the accident he wrote a letter of apology to her and her family.

The accused pleaded guilty to both charges. References were tendered from family and friends that demonstrated the accused’s good character. Following submissions, the Magistrate accepted that the accused was not a regular drinker and that in all other respects he was a contributing member of society who had the potential to obtain work overseas following his studies, which potential would be interfered with if a conviction was recorded. As a result, the Magistrate imposed a fine, without conviction, and cancelled the accused’s driver licence.


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