Without Conviction for Dangerous Driving
Our client was driving from Mt. Buller to Mansfield. He was travelling at a very fast speed. He went to overtake some cars, and as he was doing so reached speeds of around 150km/hr. During his manoeuvre, an oncoming car appeared which caused him to have to brake very hard, to move back very quickly into the line of cars in his lane to avoid a collision. The witness statements suggested that had he remained in that lane for another 1 second, a collision would have resulted.
The car that was travelling behind him was offended by the dangerous manner in which the client had driven and began flashing his lights and gesturing towards our client. Our client gestured rudely to that driver, before again peeling out at very high speeds of at least 150km/h to overtake him. Again, a car appeared suddenly from the oncoming direction which caused the client to have to take evasive action to avoid a collision. The incident came to police attention.
Our client was charged with:
- Dangerous Driving
- Exceed Speed Limit
Kristina Kothrakis represented him at the Mansfield Magistrates’ Court and was able to successfully obtain a sentence without conviction for Dangerous Driving and the Speeding charge.
Our client had a prior for speeding, which was from a number of years ago. He was a man in his early 30’s, was tertiary educated, and was a professional person. We were able to demonstrate to the magistrate that our client was a person who had the capacity for insight into why his conduct was so dangerous.
Due to our client’s profession, he will be required to notify the professional body which regulates the profession. He acknowledges that his reckless behaviour could have had devastating effects, and could also have ongoing negative consequences for his career. He had enrolled in a Road Trauma Awareness Seminar to further
embed to the importance of road safety.
The magistrate was persuaded that the incident would not be repeated. Our client was sentenced to a good behaviour bond without conviction for Dangerous Driving and Speeding. For the first charge, his licence was cancelled and he was disqualified from driving for 6 months. For the second charge, his licence was cancelled and he was disqualified from driving for 12 months.
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 20/07/2016