Boorman Lawyers Downing Centre Drink Driving Lawyers appeared for a client who had been charged with a High Range Drink Driving offence with a Blood Alcohol Reading of 0.166. The matter was aggravated since it was our client 3rd DUI offence having had 2 prior DUI offences 6 and 7 years prior. So it was a matter where a term of imprisonment could have been a real possibility.
DUI Video #TimeStamps
00:14 – Welcome to #BoormanLawyers Downing Centre Sydney Court Update
00:50 – Appeared on High Range DUI – Clients 3rd Offence
01:15 – Client was ordered to complete a Pre Sentence Report
01:40 – Case material included Psychological Report, Traffic Offender Program Certificate & Character References
02:15 – Client recently been going through messy divorce & emotionally unstable
03:00 – Client now addressing his issues & obtaining treatment
03:55 – Community Service Order was considered but NOT applied
04:00 – Result: Section 9 Good Behaviour Bond for 18 months + 7 months licence DQN + Mandatory Interlock
05:00 – Term of imprisonment avoided
05:20 – Downing Centre Drink Driving Lawyers Call 1300 941 900
05:50 – Also visit our website for more information https://boormanLawyers.com.au/traffic-law/
High Range DUI offence at Downing Centre Courthouse
In this episode of the Boorman Lawyers Court Reports, we take a look at a high range drink driving offender on his third drink driving offence at the Downing Centre Local Court in the Sydney CBD.
We attended the Downing Centre in the Sydney CBD. This is Australia’s busiest Local or Magistrates Court in Australia. We appeared on a high range drink driving offence and what made this matter far more serious was the fact that it was my client’s 3rd drink driving offence.
Poor Traffic Record
Now, it was the first DUI while within the last 5 years but just over 5 years and 6 years ago, he had a low and a middle range drink driving offences as well as on top of that a disqualified driving offence.
He did have a very poor record and for that reason, the Magistrate ordered that he go along and perform a NSW Pre-Sentence Report which is an independent report conducted by probation and parole to assess whether he was suitable to complete any sort of level of Community Service as a way of punishment.
Drink Driving Court Case Material
We directed our client along to see a Psychologist. We got a very strong psychological report prepared.
We got him to complete the traffic offenders program. We got a good reference from his ex-wife and a good letter of apology along with some other materials just to show how he’s been going through some financial difficulties have led.
State of mind at the time of offending
But the big things that we were able to push across to the Court was, which they previously weren’t aware of until we got to present to that case today was the fact that our client has just been going through a messy divorce.
He’s just lost his job. He’s been financially struggling and unfortunately on the night of the offence, he made a very poor decision to drink alcohol in excess as a way of coping with these issues that he’s been dealing with and then made a very poor decision which was obviously a decision which was affected by his level of intoxication and his emotional state at the time to then get into his vehicle and drive.
Direction of the Court Case
So it was a serious matter but we did a lot of preparation for this case.
We adjourned our clients matter to allow some more time to properly prepare the case and to assess the entire Police brief.
We got him in to see the psychologist.
We got him to do the traffic offenders program.
We got some good references, some good material to tender before the Court, some good persuasive arguments to show that whilst he has had these issues in his life, he is now addressing them and moving forward in a positive way.
The main argument that we presented was that it’s very unlikely that he will now come back before the Court since he has remained abstinent from alcohol for several months and if he can continue on with this treatment that he’s getting with his psychologist to remain abstinent and have alcohol out of his life, then as I presented to the Court, it would be very unlikely that he would appear before the Court again in the future despite his history.
Section 9 Good Behaviour Bond for High Range DUI
Our submissions were well received by the Magistrate. Despite him having a Pre Sentence Report saying that he was suitable, willing and able to do community service and that was an available option, the Magistrate did look at the steps that he has taken since the incident occurred, the material before the Court he had my submissions and he decided to step it down a level and just put our client on a good behaviour bond for a period of 18 months.
Drink Driving Results
In addition to that, he got a seven-month license disqualification. He couldn’t escape the Mandatory NSW Alcohol Interlock Provisions of having an alcohol interlock device in his car for a period of two years after he got his license back. But basically that’s a mandatory law that has come in and what we were able to avoid him doing any community service orders, instead we reduced his penalties down to a good behaviour bond.
We were able to get the Magistrates to backdate his disqualification to the date of the offence. So he’ll be able to get back on the road with an interlock device in and around all guests.
But he certainly was extremely worried that he could be looking at some sort of term of imprisonment which was a real possibility given the High Range Drink Driving Guideline Judgement handed down from the NSW Court of Criminal Appeal.
But given the way we handled the case, we put a strategic plan to try and minimize his situation to show the Court he was addressing his issues and these were certainly very well received by the Magistrate and he could see that he was now doing something about treating the root cause of this offending behaviour.
Client Satisfaction
Our client understood the gravity of his situation and realized the severity in which the Courts view High Range Drink Driving offences especially when it is aggravated by an extremely poor traffic record with prior convictions for drink driving and disqualified driving as was the case with our client.
From the initial call we received we were upfront and honest with our client outlining all possible options and scenarios that could play out in Court.
Along the way we assisted our client in preparing the best case possible and of course always being available to take calls and respond to text messages and emails whenever our client had a query. Finally, due to our experience in this area of law we presented an excellent case which ultimately saw our client receive a far better outcome that otherwise.
Downing Centre Drink Driving Lawyers
If you’ve found yourself involved in a drink or drug driving offence in around Sydney, New South Wales, then rest assure, we attend all courts around Sydney, just like the Downing Centre Local Court which is considered the busiest court in Australia and we got a good result. So feel free to give me a call on if you have any questions or issues surrounding your situation, or alternatively go along to our website, which is BoormanLawyers.com.au.
Speak to our Sydney DUI Lawyers Ph: 1300 941 900
Our DUI Lawyers can be contacted at:
Boorman Lawyers NSW & QLD Solicitors
Downing Centre Drink Driving Lawyers by Josh Boorman a Drink Driving Lawyer.