Ophelia Hollway
This is a real case study by one of our lawyers. The person who is in charge of this area in the firm is Ophelia Hollway. Ophelia is a Senior Associate and LIV Accredited Criminal Law Specialist at Doogue + George. She has defended a wide range of allegations including sexual offences, drug offences, corporate crime, and driving matters, and served as instructing solicitor in the Coronial Inquest into the Death of Kumanjayi Walker.
View full profile →This is a case study on Exceed PCA and other traffic offences resulting in a minimum licence penalty without conviction.
What is alleged to have occured?
Our client was an 18-year old man who got into a car accident while under the influence of alcohol. His car was written off during the incident. He has no prior court history and was greatly in need of his licence to be able to start apprenticeship.
What happened at court?
We represented the client at the Heidelberg Magistrates’ Court on the following charges:
- Exceed PCA 49(1)(f)
- Careless Driving
- Fail to Have Proper Control of MV
To effectively prepare for the case, we provided guidance to our client as to the necessary documents that must be made available well before the court date. These include counselling letters, certificates, and character references. Our client also penned a letter to the court that clearly showed his remorse as he expressed how the incident had changed and improved his perspectives.
What was the result?
By the court date, we were able to make strong submissions for the client which persuaded the magistrate to keep the licence penalty to a minimum. No conviction was also recorded, a highly successful outcome which rarely happens when drink driving offences are involved.
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
