Excessive Priors for Drink Driving

Drink DrivingOur client was a male in his mid 40’s appearing at court on his 7th drink driving offence. There was nothing untoward about his driving. The issue was on his excessive priors for drink driving and that realistically he was looking at an immediate term of imprisonment.

Dee Giannopoulos represented the client at the Ringwood Magistrates’ Court. The charges were:

When this client approached our firm, we advised him that unless we presented something exceptional to the court, he was going to be sentenced to an immediate term of imprisonment. We linked him in with a clinical psychologist who had regular appointments with him focussing on his alcoholism and coping mechanisms. Our client had been turning to alcohol in times of need as he had learnt this behaviour as a way to deal with his issues.

Our client had experienced the break down of a relationship and had a shared custody of his daughter. He was struggling to deal with the fact that his relationship was over and, in the initial stages of the separation, he was not allowed to see his daughter at all.

A report was provided by the psychologist and we tendered this at court. The Magistrate was urged to sentence our client to a community corrections order. It was impressed upon the Magistrate that our client had been making active efforts to rehabilitate himself and that a corrections order would assist him in the progress he had already been making. It was submitted that allowing our client to receive treatment on an ongoing basis would not only benefit him but, in turn, benefit the community because he is dealing with issues that have led him to drink in the past and ultimately to drink and drive.

The Magistrate agreed with the submission following the ground work that we had done by getting our client linked in with a psychologist. Our client was sentenced to a community corrections order despite her excessive priors for drink driving. He was not ordered to serve any time in custody.

 


Dee Giannopoulosdee-giannopoulos-profile

Dee is based in our Melbourne office and appears at all Courts in Victoria. Dee’s commitment to her clients and her passion for justice drives her to achieve great results.

Visit Dee’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 13/11/2017