This is a case study on driving offences resulting in a fine without conviction.
What is alleged to have occured?
Our client, after having attended a farewell party, drove home intoxicated and collided into a bike rider. She did not stop after the accident even though the bike was attached to the vehicle as she drove. It was a very serious offence given the circumstances and particularly as she was twice the legal limit to drive and as she has also injured the bike rider.
What happened at court?
She was charged with:
This case had an excellent result as the client was potentially going to have to complete a corrections order or be sentenced to a term of imprisonment. Either would have prevented her from returning to see her sick family member overseas and if it was a community order, she could not move interstate to start her studies (she had enrolled in a University in Queensland).
We took detailed instruction, negotiated the withdrawal of one of the aggravating charges (unlicensed driving), and obtained proof that she had repaid the victim and apologised in person along with character references. A detailed plea in mitigation was put highlighting how out of character the offending was, her remorse, restitution, absence of drinking or driving, her young age, and the significant delay in the case coming to court.
What was the result?
The court imposed a fine and without conviction ensuring that not only can she return home and study interstate, but that should she decide to remain in the country, her record is left relatively untarnished.
What is alleged to have occured?
Our client, after having attended a farewell party, drove home intoxicated and collided into a bike rider. She did not stop after the accident even though the bike was attached to the vehicle as she drove. It was a very serious offence given the circumstances and particularly as she was twice the legal limit to drive and as she has also injured the bike rider.
What happened at court?
She was charged with:
- Fail to render assistance at accident
- Fail to stop motor vehicle at accident
- Fail to give name and address at accident
- Exceed PCA – 49 (1)(b)
- Exceed PCA 49(1)(f)
- Drive unlicensed
- Fail to produce license, name & address
- Fail to give way to oncoming vehicle
This case had an excellent result as the client was potentially going to have to complete a corrections order or be sentenced to a term of imprisonment. Either would have prevented her from returning to see her sick family member overseas and if it was a community order, she could not move interstate to start her studies (she had enrolled in a University in Queensland).
We took detailed instruction, negotiated the withdrawal of one of the aggravating charges (unlicensed driving), and obtained proof that she had repaid the victim and apologised in person along with character references. A detailed plea in mitigation was put highlighting how out of character the offending was, her remorse, restitution, absence of drinking or driving, her young age, and the significant delay in the case coming to court.
What was the result?
The court imposed a fine and without conviction ensuring that not only can she return home and study interstate, but that should she decide to remain in the country, her record is left relatively untarnished.
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 09/06/2015
