DUI Lawyers Tweed Heads: A Successful Outcome for Our Client

At Boorman Lawyers, we pride ourselves on offering expert legal representation for clients facing drink driving charges in New South Wales and Queensland. Recently, we represented a client charged with mid-range drink driving at Tweed Heads Local Court. The case presented unique challenges, but through a robust defence strategy, we secured a favourable outcome.

Understanding the Case: Mid-Range Drink Driving Charge

Our client, a Queensland resident, faced a mid-range Prescribed Concentration of Alcohol (PCA) charge with a reading of 0.122—just below the high-range threshold. This case stood out due to the specific circumstances leading to the charge. Despite intending only to move his car within a pub car park, he was apprehended and charged under drink driving laws, which consider car parks as road-related areas.

Unique Circumstances of the Case

Our client’s decision to drive was not a matter of reckless intent. Here’s a summary of the context:

•Pre-arranged Designated Driver: Before consuming alcohol, our client arranged for a friend to pick him up, ensuring his vehicle would remain at the pub.

•Concerns for Vehicle Security: Due to the location of the pub’s car park, our client felt uneasy about leaving his vehicle unattended overnight in a visible area.

•Minimal Driving Distance: He intended to move his car approximately 30 to 40 metres to a safer parking spot at the rear of the venue when police intervened.

Legal Challenges: Road-Related Areas and PCA Offences

While our client did not drive on public roads, the law treats car parks and similar spaces as road-related areas. This meant that even a short, private relocation of the vehicle while over the limit constituted an offence.

Building a Strong Defence with DUI Lawyers Tweed Heads

Our approach to the case was meticulous and thorough. We focused on both the objective and subjective aspects of the offence to present a compelling argument in court.

Objective Seriousness: Addressing the Facts

•The driving distance was minimal, posing no risk to public safety.

•A satellite map of the pub’s layout clarified the brief journey from the front to the rear car park.

Subjective Circumstances: Supporting the Client’s Case

•Unblemished Record: Our client had a clean driving history spanning over 20 years, underscoring that this incident was entirely out of character.

•Critical Need for a Licence: As a mobile mechanic and sole breadwinner for his family, losing his licence would have devastating consequences for his livelihood and family’s financial stability.

•Genuine Remorse: The client completed a Traffic Offenders Program, wrote an apology, and demonstrated accountability for his actions.

The Court’s Decision

The Magistrate at Tweed Heads Local Court weighed the seriousness of the reading against the mitigating factors. Thanks to our advocacy, the court granted a conditional release order for two years, which:

•Avoided a criminal conviction.

•Prevented further disqualification or interlock conditions.

•Eliminated fines.

This outcome was a testament to our tailored legal strategy and the court’s recognition of the low level of objective seriousness involved.

Lessons from the Case

This case highlights several key takeaways for individuals facing similar charges:

•Be Aware of Road-Related Area Laws: Even private car parks are subject to PCA regulations.

•Seek Legal Advice Early: Engaging experienced DUI lawyers like Boorman Lawyers ensures that your case is handled with care and expertise.

•Mitigating Factors Matter: A clean record, genuine remorse, and proactive steps can significantly influence court outcomes.

Why Choose Boorman Lawyers for Drink Driving Defence?

Our team of expert DUI lawyers in Tweed Heads brings a wealth of experience to each case. We understand that mistakes happen, and we are committed to achieving the best possible result for our clients.

Key Benefits of Working with Boorman Lawyers

•Personalised Legal Strategies: Every case is unique, and we tailor our approach to fit your specific circumstances.

•Proven Track Record: We have successfully defended numerous drink driving charges, securing favourable outcomes even in challenging cases.

•Comprehensive Support: From court appearances to offender programs, we guide you through every step of the process.

FAQs

What is a mid-range PCA offence?

A mid-range PCA offence occurs when a driver’s blood alcohol concentration is between 0.08 and 0.149.

Can I be charged for drink driving in a private car park?

Yes, under New South Wales law, private car parks are considered road-related areas, and PCA offences apply.

How can a conditional release order help me?

A conditional release order allows you to avoid a conviction while adhering to specific conditions, such as good behaviour.

What factors influence sentencing for drink driving?

Factors include the level of alcohol concentration, driving history, circumstances of the offence, and mitigating actions like completing a Traffic Offenders Program.

Why is it important to have a drink driving solicitor?

An experienced solicitor can present a strong defence, highlight mitigating factors, and potentially reduce penalties.

How can I contact Boorman Lawyers?

You can reach us at 1300 941 900 or visit our website for more information.

Conclusion

At Boorman Lawyers, we are committed to defending your rights and securing the best possible outcome for drink driving charges. Our recent success at Tweed Heads Local Court demonstrates the importance of expert legal representation. If you’re facing a drink driving charge, don’t navigate the legal process alone. Contact us today for professional, compassionate support.

Inbound Links:

•Traffic Offenders Program

•DUI Penalties in NSW

Outbound Links:

•NSW Drink Driving Laws

•Tweed Heads Local Court

Further Resources