Our Sydney DUI Lawyer from Boorman Lawyers attended the Downing Centre Local Court on a second middle range drink driving offence where our client was spared fulltime jail and instead given an Intensive Corrections Order (ICO).
Downing Centre Local Court in Sydney, Australia saw a serious matter on a mid-range drink drive offence with a reading of 0.1 30. This offence was worse than the first one because it was the second defence within just 12 months. The defendant, who had no intention of driving, was caught after taking an Uber to a venue where he met some friends. When his friend left early, he gave the defendant his car keys. The defendant then decided to drive the car home despite his friend’s car not having an interlock, which was mandatory following his first drink drive offence.
Magistrate Questions Why Defendant Should Not Be Sent to Jail
The defendant was pulled over for a random breath test and recorded a reading of 0.1 30. He did not have an interlock in his car or his friend’s car. Moreover, his license was suspended because he failed to follow previous orders of the interlock program by getting it serviced. He missed the interlock service in the months prior, which automatically resulted in his license being suspended. The magistrate questioned why the defendant should not be sent to jail immediately, but before doing so, he listened to the explanation of the situation.
Intensive Corrections Order Handed Down
The defendant addressed his alcohol issues, which he acknowledged were problematic. There were also emotional issues in his family back home in Ireland that he had been dealing with. His honour was of the view that the matter had crossed the session five threshold, meaning that he was intent on ordering some term of imprisonment. However, he was willing to hand down an intensive corrections order (ICO), which is where the defendant can serve the term of imprisonment within the community. The ICO is a serious and intense penalty that requires the defendant to abide by the law strictly for a period of seven months. The order is a warning to the defendant to obey the law, and if he does not, he is at an extremely high risk of serving seven months in jail.
Other Penalties Handed Down
The defendant was also given time off the road. The disqualification for the mid-range drink drive was reduced to the minimum period of six months, backdated to the date when he was charged. He lost his license for about three months. The suspended drive, for which he failed to have an interlock in the car, was a fine only offense. He was fined $600 for that offence. The disqualification periods were concurrent, and with the backdating order, the defendant should be able to reapply for a new interlock program in August. He needs to abide by all the orders and requirements to get back on the road and get licensed.
Probation Obligations
The defendant needs to report to the probation office to follow any of their directions, such as community alcohol rehabilitation or programs that they suggest. He is obligated to follow any of their directions. Although the defendant was relieved that he was able to walk out of the court and maintain his freedom, he has been warned that any further offending will likely land him in jail in the future. He needs to behave and avoid offending at all costs.
Conclusion by our Sydney DUI Lawyer
The matter in the Downing Centre Local Court in Sydney was serious, but the defendant was thankful that he was able to walk out of court and maintain his freedom. The ICO served in the community was a warning to the defendant to obey the law strictly for a period of seven months. He needs to report to the probation office to follow any of their directions, and any further offending will likely land him in jail in the future.
Speak to our Sydney DUI Lawyer Ph: 1300 941 900
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