In this episode of the Boorman Lawyers Court Reports our Southport Court Drink Driving Lawyers Gold Coast deal with a High Range DUI offence with blood alcohol reading of 0.159 at Southport Magistrates Court on the Gold Coast.
Southport Court Drink Driving Lawyers
Our Southport Drink Driving Lawyers recently appeared on a high range drink driving offence at Southport Magistrates Court. In relation to this particular offence, the blood alcohol rating was 0.159 so it was at the low end of high range but still any drink driving offence that crosses the 0.150 High Range threshold is considered quite a serious offence because it’s been deemed that a person with that sort of blood alcohol reading is significantly impaired and unable to safely drive a motor vehicle. So it was still a serious drink driving offence despite just being over the high range threshold.
And to make matters worse, my client did have a previous drink driving offence only about three years ago. Despite the prior offence being a low range offence the client was still categorised as a repeat offender.
Mitigating personal issues
We were able to explain to the Court that there were some significant issues surrounding my client’s life that he’d been going on around this time, in particular, the breakdown of his long-term marriage and him becoming a single father of three children. This stress and anxiety his life caused him to turn to drinking excessive alcohol in order to cope with these problems going on in his life. Admittedly, he knows that it’s not the right way to deal with his problems.
Facts of the offence
But on the particular afternoon that he was charged, he had actually had a really big night of drinking the night before he was charged with the fresh offence. He had slept all night, the next day, he got up, gone to work. After work he proceeded to have four beers after work and then drive home. He didn’t necessarily feel as intoxicated as what the reading represented. But on reflection, he believes that he may have still had a fair bit of residual alcohol in his system.
The four full strength beers that he drank in quite quick succession would have topped this blood alcohol reading up to the high range of 0.159.
Voluntary participation in the Traffic Offenders Program
He did get along and entered into the traffic offenders program. He had a completion certificate from the program and a completely filled workbook which was presented to the Court which was taken into account and accepted by the Magistrate. It showed the Court that our client had taken the proactive steps of going along to learn a bit more about driver’s safety and reeducate himself on how alcohol does affect the body.
Supporting statements
We also got three statements in support of our client that we tendered before the Court.
One was the letter of apology from our client. Just going through some of the details and problems that he’d been experiencing in recent times, but also giving an account of his overall attitude towards the offence and how remorseful and regretful he was over this particular incident.
He got an employer’s statement confirming what he does for work and how his ability to work has been significantly impeded since his loss of license.
Also, he got another statement from a long-time friend of his to confirm his overall general good character, how he’s often held in high regard between all of his friends and that he always helps out whenever he can.
So, that was all taken into regard. It was read by the Magistrate.
Persuasive oral legal submissions
We went through how the incident came about, the fact that he had a big night the night before. Issues surrounding why he has been abusing alcohol significantly in recent times in particular the issues surrounding the recent breakdown of his marriage and problems with the settlement of divorce and custody issues. So, that was obviously all taken into account and accepted by the Magistrate.
Prior DUI offence & traffic history
We then looked at this prior traffic record. There’s no taking away from the fact that it was the second offence on his history and he was considered a repeat offender, however because the Police failed to serve our client with a Notice to Allege Prior Convictions so it meant that the minimum 12 month period was not the starting point for the Court as a 2nd offence.
Our client received 9 months licence disqualification and a $1,500 fine and that fine can be referred to state penalties enforcement registry, which he can put in place a payment planned to pay that all purpose in times.
All in all, our client was very happy with the fact that he got the sentence handed down by the Court. He’s now got some idea of how he can put plans in place until he gets back on the road and he is determined to focus on what’s important in his life.
Contact our Drink Driving Lawyers Gold Coast
If you have found yourself on the wrong side of the law, you have been charged with a drink or drug driving offence, then rest assured that we specialize in these sorts of matters. Just like the matter we appeared on at Southport Magistrates Court, there is a particular way to approach these matters and prepare the case and then present them to the Court and we do specialize in doing these sorts of matters.
If you want to give me a call, feel free to give me a call on 1300 941 900, or alternatively go along to our website, which is BoormanLawyers.com.au. we have got a heap of information there about drink and drug driving traffic laws in Queensland and New South Wales. You can read up and make yourself familiar with what the particular situation is that you may be in.
And then obviously, feel free to give me a call, 1300 941 900. If you want to discuss the matter further and say how we can best represent you when your matter comes before Court.
Thanks for tuning in today, guys.
Southport Court Drink Driving Lawyers Gold Coast QLD – Ph: 1300 941 900
Our DUI Lawyers can be contacted at:
Boorman Lawyers NSW & QLD Solicitors