In Episode 22 our expert Liverpool Drink Driving Lawyers from the firm Boorman Lawyers take a look at a low range drink driving offence that we appeared on at Liverpool Local Court in Western Sydney where we achieved a Section 10 – No Conviction result.
DUI Video #TimeStamps
DUI Video #TimeStamps
00:13 – Welcome to #BoormanLawyers Liverpool Local Court in Sydney
00:47 – Client a member of Armed Forces
01:05 – Client consumed drinks at Dawn Service on ANZAC Day
01:20 – Rule of thumb is flawed
02:20 – Good references and letter of apology
03:10 – Magistrate delayed matter to giver further consideration to the outcome
03:30 – Good behaviour bond & no loss of licence or criminal conviction
04:20 – Positive result which means his job will be protected
05:00 – Contact Boorman Lawyers 1300 941 900
05:50 – Visit our website http://BoormanLawyers.com.au For more information about this matter see the full article at https://boormanlawyers.com.au/blog/
Facts of the Low Range DUI Offence at Liverpool Local Court
We appeared in Liverpool Local Court in Western Sydney on a low range PCA offence and a speeding offence which we entered a plea of guilty.
The facts of the matter were relatively straightforward. Our client is a member of the Armed Forces. The offence occurred on on Anzac Day, our client had attended the Dawn Service at Holsworthy Barracks. Admittedly he had gotten a little bit carried away with the celebrations of the day, and he had a few drinks pre-dawn drinks around 5 a.m. and then he proceeded to have approximately 5 Hahn light beers between that 6 a.m. and 11 a.m.
He then left a period of about an hour before getting into the car. He felt as though he didn’t have any effects of intoxication upon him at that time and he got into the car to drive home. Now he was following the old myth and the old rule of thumb where a grown males can have two drinks in the first hour and one drink every hour thereafter. However, unfortunately as he has come to one understand and appreciate, that old rule of thumb can be very floored. Alcohol can affect different people in different ways.
Pulled over for speeding & then Breath Tested
To aggravate the situation our was pulled over for exceeding the speed limit, he was found to have a blood alcohol reading of 0.078 so it’s in the low range category but only just below the middle range category.
DUI Lawyers Liverpool Case Preparation
What we did in this matter is we got our client into complete a traffic offenders program where he learned a lot about driver safety and in particular how drugs and alcohol can affect the drivers on the road.
We got some very, very strong and well-prepared character references together from his superiors within the Armed Forces. These particular references held significant weight since they were written by superiors in the Army who hold high rank and hold an even stronger standing in the Community due to the excellent work that they do.
We also helped put together a good strong letter of apology, which went into quite a lot of detail about the reflection and the general attitude that our client had towards his offence and the very real concerns that he had about being off the road and receiving a criminal conviction especially in his line of work where a conviction could see him discharged from the Army.
Personal Issues – Pregnant Wife
At the time of the offence his wife was six months pregnant, so we also informed the Court of this and highlighted the significant burden that will be placed on his pregnant wife if he was unable to drive. We got a reference from his wife confirming her pregnancy and she expressed her worry over being unable to rely on her husband if he was disqualified.
The strong and compelling evidence that we presented in conjunction with the completion of the traffic offenders program were all taken into very strong consideration by the Magistrate today. He gave a lot of thought to the matter.
Magistrate delayed our matter to allow further time to consider the outcome
The Magistrate decided to delay our matter, stand the matter in the Court list, and brought us back at about 11 a.m. where he gave our client a good talking to about his responsibility as a driver on the road and as a soon to be father. He was understanding to our submissions surrounding our clients concern over a recorded criminal conviction and how it may affect his ranking within the Armed Forces.
Low Range DUI Court Outcome
The ultimate result that we got was a very good and positive one. The Magistrate decided to put our client on a 12-months good behaviour bond under Section 10(1)(b), which basically meant that he wasn’t criminally convicted. He would not lose his license. He wouldn’t be disqualified. And he wasn’t fined for the low range drink driving offence.
However, in relation to the speeding offence over 20km over the speed limit he was issued with a $200 fine and there were some other Court costs involved. But at the end of the day, he escaped the criminal conviction and he is able to continue driving.
Important lessons learnt
But more importantly, he’s come away from these having learned some significant lessons and will be able to go back into the workplace and informed his other colleagues of the pitfalls of Drink Driving and how important it is for people to be responsible on the road in the general communities.
So, it was a very positive outcome for our client and we’re really happy to get this result for our client as it will mean that he is able to continue working as a good member of the Armed Forces and a person who serves for our country and our community.
Contact our expert Liverpool Drink Driving Lawyers
If you’ve been charged with any to the drink or drug driving offence or any traffic matter or criminal offence, feel free to contact me, my name is Josh Boorman on 1300 941 900 or alternatively, you can go along to our website which is BoormanLawyers.com.au. There’s a heap of information on our website in relation to traffic and criminal offences. You might want to read up and make yourself familiar of that situation that you might currently be in.
We attend most of the courts around New South Wales and even in Queensland.
Liverpool Drink Driving Lawyers NSW – Ph: 1300 941 900
Our DUI Lawyers can be contacted at:
Boorman Lawyers NSW & QLD Solicitors