In Episode 25 of the Boorman Lawyers Court Report show where we appeared at Waverley Local Court. On a middle range drink driving offence coupled with a high range speeding offence.
Middle Range DUI + High Ranges Speeding Facts
Recently our Waverley Drink Driving Lawyers appeared at Waverley Local Court in the Eastern Suburbs of Sydney. We dealt with a serious traffic matter involving a middle range drink driving offence with BAC of 0.126. But that was also coupled with a high range speeding offence of 68kms per/hr over the limit. So 168kms in a 100km zone. So that was obviously a viewed as a serious aggravating feature to the drink driving offence.
What was also made our client’s matter serious was the fact that this particular offence of drink driving was a second drink driving offence that my client has received on his record. He has a prior offence about five and a half years ago.
DUI Case Preparation
In preparation of this matter, we got our client to go along and complete a traffic offenders program, a fully approved program and we were able to tender the completion certificate to the Court as proof of his attendance and completion.
We also got our client to go along and get some drug and alcohol counselling and treatment from his psychologist. A report was obtained from his psychologist confirming the treatment sessions that he has already done and the report also put in place a treatment plan for him to continue with drug and alcohol counselling going forward into the future.
Letter of confirmation from our client’s old employer informing the Court that he had been terminated from his position due to a loss of license. Another letter of support from a friend of our client, and also a letter of apology from our client that we submitted to the Court, which went through some of the issues and circumstances of how the offence came about.
Events that led to the offence
In relation of the events that led out to the offence of our client, was with his girlfriend. He had been drinking all afternoon and that evening, he had ended up getting into quite a nasty verbal argument with his girlfriend. He made a very foolish and emotionally charged decision to leave the residence. But an even more foolish decision was made by our client in getting into his vehicle to drive home. Police alleged that he was speeding along the M5. At a high speed and driving erratically by moving in and out of lanes, flashing his lights at slower cars.
It was dangerous and unacceptable to the behaviour displayed by the defendant. Especially for a person who had a blood alcohol reading of 0.126. So it was quite a serious situation.
Aggravating circumstances vs mitigating features
We asked the Court to have regard to the fact that our clients loss of licence has affected his ability to work and as a result has lost his job.
He has engaged with a psychologist to address the alcohol issues that he’s been experiencing. It’s the first time he’s completed the traffic offenders program. His overall attitude and remorse towards the offence. At the time of the charge he immediately pulled over to the side of the road, he cooperated and complied with all of the police directions.
Waverley Drink Driving Lawyers Court Outcome
It was conceded that it was a serious offence, but we’re able to persuade the Magistrate to reduce the period of disqualification down to the minimum period of 6 months and an order backdating the six months to the date of the offence when he first lost his license, and that was for the drink driving offence. He was also put on a Section 9 – Good Behaviour Bond for a period of 12 months. A condition of that bond was that he needs to continue with his treatment with his current medical psychologist in relation to his alcohol treatment.
In relation to the high range speeding offence, he also received a period of six months, which is to be backdated.
He also received a $1,000 fine for that particular high range speeding offence. The maximum fine for high range speeding is $2,200, however, that was reduced by more than half.
That was the situation my client is currently in. It is debatable whether the six months will be run concurrently or on top of each other. My view is that they will be run at the same time and that was also the view of the Magistrate of Waverley Local Court. However, the road transports department in NSW, the RMS all too often have the ability to override whether the disqualification period to run at the same time or on top of each other.
But from my understanding of how the law reads is that the 6 months for each of the offences that will commence from the day of conviction. So 6 months for the drink driving and the 6 months for the high range speeding should run at the same time.
Waverley Court DUI Experts
This matter was another serious alcohol related offence that we just appeared on at Waverley Local Court in Sydney. It was a little bit more serious than your average drink driving offence. This was aggravated to a significant degree by the high range speeding is erratic driving and the fact that it wasn’t his first offence. So, overall, our client was very happy with the outcome. We were happy with how the case came together. The Magistrate was receptive to what we have to say and, for that reason, our client came out with a good result compared to if he had just going in and represented himself.
If you have found yourself in a situation where you have been charged with a DUI or serious traffic offence. Feel free to contact us at Boorman Lawyers on 1300 941 900. Or alternatively go along to our website, which should probably you be our first to call, which is BoormanLawyers.com.au. There’s plenty of information there on traffic laws and offences and penalties. You can read up and make yourself familiar with the situation you might be in.
Call me on 1300 941 900. To talk more about your matter and how we can best represent you when your matter comes before Court. Thanks for tuning in today, guys.
Speak to our Waverley Drink Driving Lawyers Ph: 1300 941 900
Our DUI Lawyers can be contacted at:
Boorman Lawyers NSW & QLD Solicitors