Exceed PCA, Exceed Speed Limit

DrivingThis is a case study on Exceed PCA and Exceed Speed Limit offences.

Our client was charged with mid-range drink driving (.085) and travelling 150 km/h in a 80 km/h zone. These offences have mandatory license suspensions which cannot be avoided, although magistrates do have the discretion to increase them and impose substantial financial penalties.

The following penalties apply for the drink driving offence:

  1. Driver’s license cancelled and suspended for 6 months
  2. Fine of around $3,000
  3. Interlock device for 6 months
  4. Completion of a drink driver behaviour change course

As for the speeding offence, our client was facing:

  1. A fine of around $800
  2. Driver’s license cancelled and suspended for 12 months
  3. The car being impounded for up to 90 days

Our client’s offending occurred just before Christmas after having attended an end-of-year work function. A lot of people are caught at this time of the year as people are consuming more alcohol than usual and the police are on high alert.

Although this type of offending cannot be condoned as we are all responsible for reducing the road toll, sometimes people fail to exercise discretion. Our client is a tradesman and relies on his driver’s license for work. Driving is one of those things wherein many people do not really appreciate how vital it is until that privilege is taken away; not to mention the expense of having to rely on public transport, taxis, and Ubers.

Tyson Manicolo represented the client at the Sunshine Magistrates’ Court on the following charges:

With these types of pleas, it is important to change the Magistrate’s first impression of your client after hearing a summary of the offending. The prosecutor speaks first in Court by reading out a summary of the offending which is a narrative of what had taken place. With this said, Tyson’s objective was to demonstrate to the court that despite the client’s offending, he is a responsible person.

Tyson spoke with the client in the days leading up to court and asked him to provide a list of people who could provide character references on his behalf. The client also received advice regarding the importance of asking family members to attend Court in support. Tyson asked the client questions about his employment and personal responsibilities to have a database of information could be relied on during the plea hearing.

At the plea hearing, Tyson explained to the Magistrate that the client works full time and what his role involves. Submissions were made about how the client lives with his elderly grandmother, pays for household expenses and owns an investment property.

The Magistrate was satisfied with the submission that our client is a responsible young man and imposed the following penalties:

  1. $750 fine
  2. Driver’s license suspended for the mandatory minimum of 12 months
  3. The car was impounded for 45 days

This outcome for Exceed PCA and Exceed Speed Limit offences, in particular, the monetary fine, was significant to our client given his financial obligations. A large fine would have been crushing.

Elements of Exceed PCA 49(1)(b):

  • The accused was driving or was in charge of a vehicle
  • The vehicle was a motor vehicle
  • Prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in their blood or breath

 
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Tyson ManicoloTyson Manicolo

Tyson is part of our Broadmeadows team and provides legal representation to clients facing charges in the Magistrates' and Children's Courts of Victoria. He is experienced at providing criminal defence against both summary and indictable crimes as well as in instructing Counsel. Tyson holds multiple degrees in Bachelor of Legal Studies, Bachelor of Law, and a Graduate Diploma of Legal Practice.

Admitted to practice in 2016, Tyson has a passion for advocacy and takes pride in helping people understand the law. He ensures that clients are given sound legal advice, a fair trial, and a strategic defence that will lead to the best possible outcome in court.

Know more about Tyson by visiting his profile here.
 


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 28/08/2018