Drug Driving and Careless Driving – Adjourned Undertaking Without Conviction

This is a case study on charges of drug driving and Careless Driving, including Possess Drug of Dependence, that resulted in an adjourned undertaking without conviction.

What is alleged to have occured?
Our client was driving and veered out of his lane into oncoming traffic then collided head-on with a truck. The four occupants of the truck were uninjured, however the client received an injury to his knee. The police and ambulance arrived and, as he was being placed onto the stretcher, a bag of cannabis and a small bag of methylamphetamine fell out of his pocket. A blood test was undertaken which revealed that he had both substances in his system.

Kristina Kothrakis represented the client at the Latrobe Valley Magistrates’ Court. The charges were:

What happened at court?
Quite often, when a person appears at court for driving offences involving either drugs or alcohol, they are lectured by the magistrate about how fortunate they were that there was no collision. In this instance, the charges of drug driving and careless driving arose out of an incident that involved a collision which elevated the seriousness of the case. The injury to the client’s knee was ultimately very serious. He required four surgeries, suffered persistent bone infections, and was bedridden and unable to walk for months. He was out of the workforce for a full year.

Following a summary case conference with the prosecution wherein some charges were withdrawn (as discussed), the matter proceeded as a plea of guilty. The magistrate was told of the intermittent issues he had had with depression and drug use since adolescence. He had been in a period of relapse at the time of the incident.

We instructed the client to obtain drug screens to demonstrate his abstinence and he had also reengaged with a psychologist. We had obtained excellent character material which demonstrated that despite his issues, he was a highly intelligent and capable man.

What was the result?
Taking into account the client’s limited driving history and lack of criminal history, the magistrate was persuaded to proceed on a without conviction basis so that he was not hindered when re-entering the workforce. The client’s licence was cancelled and he was disqualified from driving for a minimum period of 6 months. But ultimately an adjourned undertaking, without conviction, was imposed which will last for 12 months with special conditions. This is a good result for a case of drug driving and Careless Driving, especially that one of the conditions was that he comply with the recommendations of his psychologist which is designed to help him with his issues.

Kristina KothrakisKristina Kothrakis

Kristina has significant experience in criminal trials and also holds a degree in Science, majoring in Psychology, an invaluable area of knowledge, as many of her clients suffer from psychological disorders.

Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.

View Kristina Kothrakis’ profile.
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 13/07/2018