Offences: High-Range Drink Driving (0.270 BAC%)

Solicitor: Billy Gee

Court: Southport Magistrates Court

Date: 2022

 

The Charges

Our office was approached by our client, a distressed woman who had recently been charged with the serious offence of High Range Drink Driving after having produced a reading of 0.270 BAC%.

Mr. Billy Gee of our office conferenced with the client, walking her through her background, the offence, and the Court process and likely outcome.

Amongst her chief concerns were the period of disqualification, as well as the effect a recorded conviction might have on her employment.

 

The Situation

She worked for Queensland Health and was concerned that a recorded conviction may impede her ability to continue her employment and was just as concerned that an extended period of disqualification would leave her unable to travel to work.

Her charge was serious. The reading she provided was almost 6 times over the legal limit. Aggravating the matter further, was the fact that she was involved in a minor crash and had her child in the vehicle at the time.

She was extremely remorseful and ashamed of her actions, but nevertheless was required to appear before the Courts and answer to this offending.

Mr. Gee took note of these concerns and walked this client through the best things she could do at this stage in preparation for a sentence, that would assist her greatly at a sentencing.

Mr. Gee also touched on his expectations of the penalty as there was no doubt that this was a serious instance of high-range drink driving. The matter was then aggravated by the particularly high reading and circumstances in which she was discovered by Police.

 

Possible Penalties

Mr. Gee had to be realistic to her, giving her a real idea of the period of disqualification she was facing, which far exceeded the mandatory minimum of 6 months. It was our anticipation that a Magistrate would typically be looking to disqualify someone for 18 to 24 months for a reading this high.

Any period of disqualification would obviously be a hindrance, however, our client conveyed to Mr. Gee that she may be able to retain her position, utilizing accrued annual leave for a period of 12-months, but any longer disqualification may result in her losing her job.

This was crucial information that would assist Mr. Gee during his submissions to the Magistrate.

 

The Outcome

At the sentencing hearing, Mr. Gee made his submissions which highlighted her efforts to correct her behaviour post-offending, her remorse, her employment, and the devastating effect a disqualification of more than 12 months would have on her future.

The Magistrate took all this into consideration when making their decision. The Magistrate noted the unique circumstances of our client, and the massive detrimental effect a disqualification of a certain amount would have on their lifestyle.

Ultimately, the Magistrate decided to impose a fine of $1,200.00, disqualified her licence for a period of 12 months, and did not record a conviction.

In their summarization, the Magistrate was careful to note that this offence would have carried a far greater period of disqualification, if not for a unique set of circumstances of our client.

Our client was satisfied, as this meant that she was able to keep her position and move on from this incident.

 

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