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Minimum Disqualification Periods for Drink Driving and Dangerous Driving Offences

This is a case study on an imposition of minimum disqualification periods for drink driving and dangerous driving offences.

The client was in his early 20s at the time of the offending and had some minor traffic offences, including a prior for drink driving.
Our client was charged with several serious motor vehicle offences, namely: Fail to Stop When Signalled By Police to Do So, Drive at a Speed Dangerous, Exceed PCA (Drink Driving), Fail to Give Way at a Stop Sign, and Drive Carelessly. The facts (in short summary) were that having consumed some alcohol at a friend’s home, our client decided that he would drive. On the way back home to his address, he came upon the police. He immediately panicked and tried to avoid being intercepted so as to avoid a breath test.

Having gone through the stop sign, our client’s car collided with a parked car that was unoccupied at the time. No person (including our client) sustained injuries although the property damage was substantial. The police alleged that they pursued our client in their car, and further alleged that the estimated speed of our client was 70km/hr above the applicable limit.
 

We represented the client at the Melbourne Magistrates’ Court on the following charges:

Our client was encouraged 2 months before his court date to obtain reports which demonstrated that he had sought counselling to address his 2nd occasion of drink driving, and to complete the road trauma awareness program. In addition, we also asked the client to obtain character references and other material demonstrating his history of being an unpaid volunteer for a local community organisation.

During submissions, all materials were handed to the court as evidence of our client’s previous good character, and his resolve to accept responsibility for his actions and to participate in constructive counselling. The magistrate was impressed with this material.

A few charges (alternative offences) were withdrawn on the day of our client’s hearing. After submissions in mitigation, our client was fined an aggregate amount of $2,000 and the court ordered the minimum disqualification periods for the drink driving and dangerous driving offences.

This was clearly a pleasing outcome given the severity of the driving involved in this case.
 
Elements of Dangerous Driving:

  • The accused was driving a vehicle
  • The accused was driving at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case

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 07/01/2019