Exceed Speed Limit – Charge Withdrawn

The client was detected travelling at 134km/h in a 100km/h zone. He was pulled over by the police.

He advised that he was a surgeon who was responding to a call to attend at the hospital to perform urgent surgery.

This was a case which enlivened the defence of necessity. It is a difficult defence to make out. Strict liability applies to most driving offences. We needed to prove that his speeding was necessary, and the risk that he was placing other road users in, was proportionate to the peril or danger the patient was in.

Kristina Kothrakis represented our client at the Dandenong Magistrates’ Court.

Through the provision of reports from the hospital, and medical reports detailing the serious nature of the condition the patient had, we were able to persuade the prosecution to withdraw the charge.

It became apparent, that the patient was at risk of death, or losing a limb. He was suffering from a flesh eating disease, for which treatment was time critical.

 


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.

Visit Kristina’s profile to read more about her background and experience.

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 25/02/2013