The Court: Frankston Magistrates Court
The Lawyer: Hayden Brodie
The Charges:
- Exceed the Prescribed Concentration of Alcohol
- Exceed Prescribed Concentration of Alcohol within 3 Hours of Driving or Being in Charge of a Motor Vehicle
- Speeding
- How Persons Must Travel in a Motor Vehicle
- Peer Passenger Restrictions
The Allegations:
The client held a Victorian Probationary (P1) driver’s licence. At 3:30 am, the police intercepted the client’s car, which was travelling 105 kilometres per hour (km/h) on Nepean Highway, where the speed limit was 70 km/h.
During the intercept, the police observed that the client had three passengers in the vehicle. One of the female passengers was sitting in the footwell between the legs of the front passenger.
A preliminary breath test was conducted, which confirmed that the client had alcohol in his system. As a result, the client was taken to Mornington Police Station for a formal breath test. The test revealed a blood alcohol concentration (BAC) of 0.155.
When questioned by police, the client admitted to the offences and stated there was no justification for their conduct.
At Court:
On the day of the case conference at Frankston Magistrates’ Court, it was agreed that the matter would proceed through a guilty plea to charges two to five.
Drink-driving offences carry a mandatory licence loss. The minimum compulsory period will often depend on the blood alcohol reading. A probationary driver is required to have a zero blood alcohol concentration (BAC).
In this case, the Magistrate imposed the mandatory minimum licence disqualification period of 15 months for charge two. This disqualification was backdated to the date the section 85 notice was issued to the client, which was six months earlier. This meant the client had already served six of the 15-month disqualification period.
The Magistrate cancelled the client’s licence for 12 months from the plea date for charge three. Unless otherwise specified by the court, Magistrate-imposed disqualification or suspension periods will almost always run concurrently with other Magistrate-imposed periods.
Our solicitor informed the Magistrate that some of the charges attracted VicRoads demerit points. This would result in a further suspension period for the client due to the accumulation of demerit points.
The Magistrate had imposed a disqualification period of 12 months for charge three, exceeding the mandatory minimum period of six months for that offence. Having our solicitor submit that the client would lose his licence further due to an accumulation of demerit points was a critical factor in the Magistrate’s consideration of imposing a disqualification period exceeding the mandatory minimum.
The Outcome:
This was the client’s first court appearance for driving charges. He had no prior involvement in the criminal justice system. The Magistrate, therefore, sentenced the client to a $1,200 financial penalty. Despite the serious nature of the offences, the Magistrate did not record a criminal conviction.
Our solicitor made submissions regarding the client’s need for a driver’s licence for his employment. The Magistrate was prepared to reduce the suspension period for charge three to six months from the plea date.
The client was ecstatic with the outcome.
Many lawyers overlook that certain offences heard in court also attract demerit points. Failing to raise this with the Magistrate could disadvantage clients and result in additional time off the road.
We believe every case deserves meticulous attention, especially driving matters. Any additional time our clients spent off the road often had significant financial and personal repercussions.
