In Episode 26 of the Boorman Lawyers Court Report Show, we take a look at a low range drink driving offence that our DUI Lawyer Downing Centre appeared on at the Downing Centre Local Court in the Sydney CBD.
Low Range DUI Offence at DCLC
Our Downing Centre DUI Lawyer appeared on a low range drink driving offence with a blood alcohol reading of 0.077. In New South Wales, the low range category is between 0.050 and 0.080. So at 0.077, my client was certainly at the top end of the low range category.
DUI Character References
A lot of work was put into this matter. We got some really good references. One from our client’s wife, his mother-in-law, work colleague. We also put a lengthy and strong letter of apology to the Court from our client.
Personal concerns
Our client works in banking. A large concern of his was how a conviction would affect his employment going forward but that was secondary to the concerns he had about losing his license for up to 6 month as he is the main driver of his vehicle since his wife doesn’t drive. He does have three young children. Also, cares for his mother-in-law. Our client also has health problems. So these were all very real concerns that we put before the Court today.
Events leading to the offence
On the night of the offence when he was caught, he had gone up to a friend’s place. He made plans to drive into the city to have dinner with the friend however those plans had been cancelled at the last minute. However, at the time he was over at another friend’s place over at Ermington, my client lives at Waverley and he was pulled over for the purpose of stationary random breath test in Redfern.
That was one big issue that the Magistrate really got caught up on was the fact that between where he was at Ermington to where he was driving to his place at Waverley, and pulled over at Redfern, there was quite a significant distance that he had driven that night whilst he was obviously under the influence of alcohol.
Apart from that, there were no other significant aggravating features involved. He was the only person at the time. It was a random breath test. It was quite late at night so there was a minimal traffic on the road.
Length of driving distance whilst under the influence
But the Magistrate did get caught up on the issue that he had driven quite a significant distance and it wasn’t just down the road to the local shops or anything similar. So, the level of risk in potentially having an accident or causing injury or harm to someone was increased due to the fact that he had driven quite a significant distance. So, that was one issue that the Magistrate that I could turn on to the other.
Prior traffic record & traffic offenders program
The issue where our client was his traffic record, it was the first drink driving offence he’s ever been involved with but of the period of about 20 years, he does have about 15 entries on his record or bit relatively minor infringements except for a couple of high range speed. And in the last 5 to 10 years, he did have a lot better record with only a couple of entries.
However, his prior track record was not unblemished. There were quite a lot of entries there and certainly that didn’t work in his favor either.
We got to our client to go along to a traffic offenders program instead of certainly waiting our client’s favor and showed that he has taken full steps to re-educate himself on driver safety.
DUI sentencing issues
Today, we were pushing for a Section 10(1)(b), which is a Good Behaviour Bond with no conviction and no disqualification.
Unfortunately, the Magistrate wasn’t of the view that he was going to give a Section 10 today. He did make comments before the Court that the case could not have been more prepared and that myself, as the Solicitor could not have said anything else on my client’s behalf to get a better outcome.
The thing that he did really get caught up on was the fact that the blood alcohol rating was up high into the low range category of 0.077 and had driven quite significant distance on the night before they pulled over. Those where the issues that he got caught up on.
Court outcome
At the end of the day, he didn’t give a Section 10. The Magistrate did disqualify our client for a reduced period from the automatic period of 6 months. He reduced down to the minimum of period that the Court can give 3 months. He also issued our client with the $500 fine.
It wasn’t the holy grail of pleads of guilty that we were after. It wasn’t the Section 10. We have been before many other Magistrates Court with even higher ratings and probably more serious offences and we have gotten plenty of Section 10s before in similar circumstances. Every Magistrate is different. They do it on a case by case basis. He did get caught up on those two issues mentioned earlier.
We did put our client’s best foot forward. We got the second best result with a full reduction from the automatic period of six months down to the minimum period of three months and a heavily reduced fine from $1,100 down to $500.
So our client was prepared for the fact that he might lose his license today and he understood. He accepted the reasons that the Court gave and the penalties that they handed down.
Contact our expert DUI Lawyer Downing Centre
So this is just another drink driving matter that we have appeared on at the Downing Centre Local Court in the Sydney CBD. We appear at the Downing Centre Local Court regularly.
If you need to appear before the Court in Queensland, New South Wales, around Sydney, Brisbane, Gold Coast, we appear in all the major jurisdictions and all the courts around those main cities. If you’d like to give me a call on 1300 941 900, I can certainly have a chat to you about your matter, and see what we can do for you and how we can best represent you when your matter goes to Court.
Alternatively, go along to our website, which is BoormanLawyers.com.au. We published plenty of information there, blog posts & articles. Information on laws, penalties, offences. There’s more videos like this one there, statistics, a hype of information there and also there’s offences which you may have found yourself caught up in, and you can read up to make yourself a bit more familiar with the situation you might be in.
Speak to our DUI Lawyer Downing Centre Court Ph: 1300 941 900
Our DUI Lawyers can be contacted at:
Boorman Lawyers NSW & QLD Solicitors