A client was recently charged with driving under the influence of alcohol and two counts of not providing particulars to drivers.
The allegations were that the client was under the influence of alcohol and, while driving home, lost control of the vehicle and collided with a parked car and continued up the footpath and smashed into a fence.
I managed to convince the prosecution that they could not succeed on the not providing particulars charges. The prosecution withdrew the not provide particulars charges and the client pleaded guilty to driving under the influence of alcohol.
Although the client was involved in an accident and he left the scene immediately thereafter, I was able to convince the Magistrate that he could not take these matters into account. I then relied on the client’s previous good character, criticised the actions of the police and made very lengthy submissions to his Honour to persuade him to consider dismissing the matter without recording a conviction.
The prosecutor made submissions and strongly opposed my submission that his Honour deal with the matter in the way I suggested.
His Honour heard both arguments and was persuaded to deal with the matter as I suggested and dismissed the charge without recording a criminal conviction. It was an excellent results in these circumstances.