I recently took on a matter where the client had already pleaded guilty to high range drink driving and drive whilst disqualified. It was his fourth drink driving conviction since obtaining a licence and third within a 5 year period.
He had also been convicted of driving whilst suspended only months prior to the most recent charge. The Magistrate ordered a pre-sentence report, as the offences was gave rise to a possible full time imprisonment term.
After making lengthy submissions to the Magistrate, I was able to obtain the following outcome: High range drink driving - disqualified for the minimum period of 3 years (because of his prior offences), with an order that he could obtain an interlock driver’s licence and commence driving after 12 months; 70 hours community service. The drive whilst suspended charge was dismissed pursuant to section 10 of the Crimes (Sentencing Procedure) Act and to be of good behaviour for a period of 12 months. This means that the offence was therefore found proved but dismissed and hence, my client escaped without a criminal conviction.
My client was also facing a habitual offender declaration which would add a further 5 years to his disqualification. After making submissions to the Magistrate, this was quashed; therefore the client will not receive the further automatic 5 year disqualification from the RTA.
Given that the client was facing a possible full time imprisonment term, this was an excellent result. Obtaining detailed instructions and thorough preparation was paramount in receiving this result.