Our client was facing multiple traffic charges including two drink driving offences following an accident that left a bike rider injured.
What is alleged to have occured?
She had attended a farewell party and was driving home when she collided with the bike rider. Other aggravating circumstances (apart from the sustained injury by the bike rider) include that she had failed to stop while the bike was attached to the vehicle as she drove, and that she was twice the legal limit for driving.
Overall, the charges she faced were:
We represented the client at the Melbourne Magistrates’ Court.
We successfully negotiated for the most serious charge (Drive Unlicensed) to be withdrawn. Apart from repaying the victim, our client had visited him in person and expressed her sincerest apologies over the incident. We obtained evidence to support these actions including references that show our client to be otherwise of good character. Our submissions focused on our client’s genuine remorse, her abstinence from drinking or driving ever since the incident, restitution, her young age, and the considerable delay in having the case brought to court.
This was a delicate case for the client as there is a risk for her to be sentenced to a corrections order or a prison term – either of which would prevent her from visiting a sick family member overseas. She had also enrolled in a university in Queensland and a community order would prevent her from moving interstate for her studies.
What was the result?
Ultimately, the court imposed a fine without conviction. This was a successful result as she will not be hindered from visiting her family overseas and from studying interstate. Further, she will have no criminal record which can ruin her future opportunities in Australia.
What is alleged to have occured?
She had attended a farewell party and was driving home when she collided with the bike rider. Other aggravating circumstances (apart from the sustained injury by the bike rider) include that she had failed to stop while the bike was attached to the vehicle as she drove, and that she was twice the legal limit for driving.
Overall, the charges she faced were:
- Exceed PCA – 49(1)(b)
- Exceed PCA 49(1)(f)
- Drive Unlicensed
- Fail to Render Assistance at Accident
- Fail to Stop Motor Vehicle at Accident
- Fail to Give Way to Oncoming Vehicle
- Fail to Give Name and Address at Accident
- Fail to Produce License, Name & Address
We represented the client at the Melbourne Magistrates’ Court.
We successfully negotiated for the most serious charge (Drive Unlicensed) to be withdrawn. Apart from repaying the victim, our client had visited him in person and expressed her sincerest apologies over the incident. We obtained evidence to support these actions including references that show our client to be otherwise of good character. Our submissions focused on our client’s genuine remorse, her abstinence from drinking or driving ever since the incident, restitution, her young age, and the considerable delay in having the case brought to court.
This was a delicate case for the client as there is a risk for her to be sentenced to a corrections order or a prison term – either of which would prevent her from visiting a sick family member overseas. She had also enrolled in a university in Queensland and a community order would prevent her from moving interstate for her studies.
What was the result?
Ultimately, the court imposed a fine without conviction. This was a successful result as she will not be hindered from visiting her family overseas and from studying interstate. Further, she will have no criminal record which can ruin her future opportunities in Australia.
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
