Exceed PCA 49(1)(F) – Low Outcome for Subsequent Drink Driving Offences

Drink DrivingThis is a case study on a charge of Exceed PCA 49(1)(f) that shows a successful, low outcome for subsequent drink driving offences.

Our client appeared before the court on his third and fourth drink driving charges within 10 years. He had been battling with blacking out after consuming alcohol and, up to the point of attending at our office to seek assistance, could not explain why this was occurring. He was aware that he might have to face an immediate term of imprisonment.

Dee Giannopoulos represented the client at the Ringwood Magistrates’ Court on a charge of Exceed PCA 49(1)(f).

When the client attended at our office and started to explain that he had been having black outs when driving following alcohol consumption with no explanation, and that he was driving in such a state leading to the offending, his solicitor became very concerned. We sent him for a neuropsychological assessment. The result came back with evidence that our client was suffering from a traumatic brain injury which was being exacerbated by alcohol misuse.

We linked him in with a counsellor specific to alcohol abuse and advised him to attend a road trauma awareness seminar. These were meant to allow him to develop insight into the effects that his driving while intoxicated could have on other road users. He attended the course and the counselling as directed by his solicitor and reports were obtained. When we attended court, we were equipped with enough material to persuade the court that our client had developed some insight into his brain injury and the effect that alcohol was having on his brain.

Although the client was initially assessed for a community corrections order (as an alternative to immediate imprisonment), the assessment indicated that our client should continue on with the treatment that we had already linked him in to and which he was attending of his own volition. Her Honour was persuaded that she could impose a financial penalty in all of the circumstances as she accepted that our client would continue to attend the counselling voluntarily. This is a very low outcome for subsequent drink driving offences (third and fourth) and our client was extremely grateful for the result.

 


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 15/06/2018