High Range DUI Case Summary
We appeared in the Downing Centre Local Court on a High Range DUI Offence. Here we discuss case strategy & outcomes.
On Wednesday 19 October 2016, Boorman Lawyers attended the Downing Centre Local Court located at 143-147 Liverpool Street in Sydney CBD for our client who had been charged with an offence of High Range PCA.
High Range Drink Driving Charge in NSW
Our client had been charged with a high range drink driving offence where the blood alcohol reading recorded was 0.150 just on the cusp of the high range category.
To make matters worse at the time our client was pulled over for drink driving he had a passenger in the car with him. The Courts see this as an aggravating feature where there is an increased risk of injury or even death to other people.
Extenuating Circumstances prior to the Offence
As is usual with all of the cases that we advise and represent on, we spoke to our client to gain a little bit of understanding as to what went wrong on the night late in making this very poor decision to drive after consuming too much alcohol.
It quickly became apparent to us that there were some significant extenuating circumstance is just prior to the incident of drink driving and occurring.
I am advised that after our client and his friend had left the Civic Hotel in the Sydney CBD they jumped into a taxi where they ended up in a violent altercation with four of the men who demanded that my client and his friend were to give up their taxi to them.
My client and his friends refuse to give up their taxi and were set upon by these 4 men at which point they were pushed, punched, kicked and thrown to the ground.
Whilst their injuries were not significant and they did not require any medical or hospital treatment they were certainly left very shaken up. They then decided to hail another taxi at which point they got into that taxi with the intention of going home however about 50 metres down the road police pulled their taxi over they then pulled my client and his friend from the taxi handcuffing them and began questioning them about the altercation that occurred as short time prior.
Once the police realised that my client and his friends were not the instigators of the altercation and were in fact the victims of the assault they were let go by police.
It was at this point in time that my client made a very poor decision and a decision which was most certainly fuelled by his heightened emotional state at the time which caused him to make the decision to walk back to his vehicle and try to depart from the city precinct as quickly as possible.
Given the fact that most of the city CBD is under CCTV surveillance the police watched my client walked back to his vehicle and alerted Police to pull him over which they did and subsequently found my client to have a positive blood alcohol reading.
High Range DUI Court Submissions
Given the unusual turn of events which occurred prior to my client making the decision to drive this background story needed to be strategically put to the court in a way that showed the court that it was not my clients intention on the night to drink and drive however a series of unfortunate events turned a very normal night into a very bad situation.
It was put to the court that the evidence was there that my client had got into two separate taxis to go home which showed that there was no intention for him or pre-planning involved for him to drive his vehicle after he had been drinking. Instead it was put to the court that it was a very spur of the moment decision to drive his vehicle and obviously a decision which was affected by his emotional state after he had been assaulted.
Counselling following the incident of assault
Shortly after the night in question my client felt somewhat traumatised by the turn of events that occurred that night, not only for being caught for drink driving but also the violent altercation that he was the victim of. To his credit he went along and obtain some counselling from his University counsellor.
We were able to obtain a short report from the counsellor to give a further insight about how the night had affected him.
Traffic Offenders Program New South Wales
Prior to the court hearing our client had successfully completed the fully approved New South Wales Traffic Offenders Program and to his credit he had taken a lot away from that course.
We were able to also tender a completion certificate and workbook to the court to show how engaged he was with that course and how much he had taken away from it is certainly worked in my clients favour.
High Range PCA Court Outcome
The Magistrate took on board the extenuating circumstances that were submitted before the Court along with the positive steps that our client had taken since the offence occurred in order to rehabilitate and ensure that the offence would not be repeated again in the future.
The Magistrate at the Downing Centre Local Court reduced our clients disqualification period to the minimum of 12 months and instead of issuing a fine or monetary penalty he decided to put our client on a Good Behaviour Bond for 6 months.
Money and time off the road were issues for our client so the full reduction of disqualification period to the minimum was very welcome by our client as to was the fact that no fine was issued.
It is worth noting that since he was charged with a High Range PCA offence the Mandatory Alcohol Interlock Laws apply which means that he would have to install a interlock device into his car for a period of 2 years after he commence his driving duties.
Speak to our Downing Centre DUI Lawyer Ph: 1300 941 900
Our DUI Lawyers can be contacted at:
Boorman Lawyers NSW & QLD Solicitors