Possess/Use Gammahydroxybutyrate (GHB) Fail to Stop at a Red Light Signal

The accused was a 44 year old man with no history of prior Court appearances. He was apprehended by police at 3.00 am as he was driving to get some food. He suffers from insomnia.

What is alleged to have occured?
He drove through a red light and collided with another car, whose passengers did not suffer serious injuries. He was so concussed at the scene he could not recall what his own name was.

When he was interviewed by police, he admitted to using gammahydroxybutyrate (GHB) prior to driving and upon searching his vehicle the police found a vial of GHB. He was charged with:

The accused’s car was written off and he caused about $25,000 worth of damage to the car that he hit. He was not insured.

What happened at court?
We represented the client at the Ringwood Magistrates’ Court.

The accused agreed to plead guilty to the charges. The Magistrate hearing the plea adjourned the matter for 3 months to allow the accused to attend a Road Trauma Awareness Seminar, to attend upon a drug and alcohol counsellor, and to finalise repayments for the cost of damage to the complainant’s car. When the matter returned to Court, the accused had done all of these things.

What was the result?
He was placed, without conviction, on an adjourned undertaking (good behaviour bond) for 12 months, with no other conditions. No order was made against his driver license.
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