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DUI, Refuse Breath Test, and Other Traffic Charges

This is a case study on traffic offences, DUI, and Reckless Conduct Endangering Serious Injury that resulted in an adjourned undertaking without conviction.
Our client was a 20-year old man who decided to drive home after drinking with friends. He was using his father’s car and both of his parents were away on holidays during this incident. He collided with three cars and drove on the wrong side of the road. By the time he reached home, he was met by the police and was eventually charged with the following traffic offences:

  • Reckless Conduct Endangering Serious Injury
  • Dangerous Driving
  • Driving Under the Influence (DUI)
  • Refuse Breath Test
  • Failing to Stop After an Accident
  • Failing to Report an Accident
  • Failing to Display P Plates

We represented the client at the Heidelberg Magistrates’ Court.

We negotiated with the prosecutor and were able to have some of the charges withdrawn: Reckless Conduct Endangering Serious Injury, Failing to Stop After an Accident, and Failing to Report an Accident. For the 4 remaining offences, our client decided to plead guilty.

It must be noted that our client had no prior court history. He was remorseful over the offences and had abstained from alcohol ever since the incident. He also underwent treatment and counseling at the Youth Substance Abuse Service (YSAS) to have a better overview of alcohol consumption.
 
The magistrate, in imposing a sentence, gave consideration to our client’s young age and lack of criminal history. It was also noted that our client was working for his family’s business which required regular travels to the UK, USA, and Canada. Ultimately, our client received an adjourned undertaking without conviction. He also had his licence cancelled and was suspended from driving for 30 months.
 

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 20/03/2020