The Court: Broadmeadows Magistrates Court
The Lawyer: Mario Saoud
The Charges:
The Allegations:
The client was a P-plater (P2) and a relatively inexperienced driver.
He had been out the night before with a group of friends. He was not driving that night but was counting his drinks as he knew he would be driving the next day.
The client instructed that he was out until about 2 am. He consumed about four to five drinks in approximately four and a half hours.
The next day, he woke early and was on the road by 6 a.m. While on his way to his friend’s house, he started sneezing. As he sneezed, he closed his eyes briefly, and his arms jerked, causing his car to veer off the road. The client panicked and attempted to apply the brakes. However, in his haste and in the heat of the moment, he accidentally hit the accelerator. The car then collided with a tree.
Police attended, and, as part of standard procedure, he was tested for drugs and alcohol. The preliminary breath test returned a positive alcohol reading, and he was asked to accompany the police to the station to provide an evidentiary breath test. Drink-driving offences carry a mandatory licence loss period, which is determined by the blood alcohol reading.
At the station, the client blew a reading of 0.56 BAC (blood alcohol reading). There is a mandatory minimum six-month loss of license for this reading.
A sample of saliva was also taken for the purposes of drug analysis. Unfortunately for the client, the drug test also came back positive for the drug ecstasy and the client was subsequently charged with drug driving. This offence carries with it a mandatory minimum loss of license of six months for a first offence. However, the compulsory minimum increases when there is a combination of alcohol and drugs in a person’s system.
The mandatory minimum period off the road for a first offence with a combination of alcohol and drugs in the accused system is 12 months.
The client was also charged with careless driving in relation to the car accident. For this charge, the police have to prove beyond a reasonable doubt that the client did not exercise ‘proper care and control’ of the vehicle. A careless driving charge does not carry a mandatory license loss. It is discretionary, meaning it is up to the Magistrate to decide whether or not to suspend or disqualify the driver and for what period of time.
At Court:
After reviewing the brief of evidence, our solicitor believed that the charges were made out. After further discussions with the client, we were instructed to plead guilty to the charges.
In preparation for the plea of guilty, a number of supporting documents were obtained. These included;
- Personal references from the client’s parents; and
- A reference from the client’s employer.
The critical aspect of this case was the license loss. Our client worked full-time as a chef in Hawthorn, which required him to work long and unpredictable hours.
For the license loss period, the client would need to take public transport to and from work. However, given his hours, public transport would not be available, particularly early mornings on the weekend.
Given the client’s young age, lack of prior offences, and other personal circumstances, the court was not obligated to impose a license loss for the careless driving charge. Further, the client was looking at a mandatory minimum period of 12 months off the road for the drink and drug driving charges.
The Outcome:
The matter went before the court, and after hearing submissions, the client was sentenced to an aggregate fine of $800. His license was cancelled, and he was disqualified from driving in the state of Victoria for a period of 12 months in relation to the drink and drug driving charges.
The client had been issued a section 85 notice, meaning his licence was suspended from the offence date. It took some time for the matter to go to court, so six months passed before it reached court. The Magistrate ordered a 12-month licence disqualification period and backdated it to the offence date. This meant the client would only be required to serve a further six months.
This was an excellent result for the client, not only because of the significantly reduced fine but also because it resulted in the least amount of license loss possible.
Drink- and drug-driving offences can result in temporary licence loss, severe financial penalties, or even prison in more extreme cases. Engaging a competent and experienced lawyer who can help you receive a not guilty verdict or minimise the penalties you may face is vital.
