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Drink Driving IV


  1. Drink driving

Court: Southport Magistrates Court

Solicitor: Michael Purcell and Sinead Garland

Date: 2019


Following a “000” call from our client to the Queensland Ambulance Service, the police became aware of a motor vehicle accident that occurred at our client’s home. Prior to the call, our client was being guided by his wife into the garage from the driveway. Unfortunately, when our client’s wife signaled to stop, our client accidentally hit the accelerator injuring his wife and causing damage to his house.

During the police investigation, our client informed police that he had consumed alcohol earlier that day and that he had driven his vehicle from the edge of the driveway into the garage approximately 10-15 feet.

Subsequently, our client was breathalysed by police and charged with a mid-range drink driving offence (0.117%).

As a result of this drink driving offence, our client was facing a mandatory drivers licence disqualification between 3 – 12 months.

Michael Purcell instructed by Sinead Garland appeared on sentence and made submissions to the court advising of:

  • our client’s deep remorse and humiliation at being before the court for a drink driving offence at the age of 79 years;
  • our clients very limited traffic history given that he had been driving for 62 years;
  • the impact a loss of licence would have on our client and his wife to get to their medical appointments;
  • how a licence was considered to be a life line for our client; and
  • his remorse for the offending, having completed the Queensland Traffic Offenders Program.

Submissions were also made that this was an appropriate case for the court to exercise its discretion to not record a conviction.

Ultimately, the court accepted Mr Purcell’s submissions and acknowledged that our client had a very minimal traffic history given that he has been driving for 62 years and that his drink driving offence appeared to be completely out of character. In the circumstances, the Magistrate disqualified our client from holding or obtaining a drivers licence for the minimum period of 3 months, our client was placed on a good behaviour bond for a period of 6 months with a recognisance of $500.00 if he was to breach the Good Behaviour Order and no conviction was recorded.

This matter illustrates the benefits of having an experienced traffic lawyer properly prepare and make submissions on penalty in drink driving offences in order to achieve the best possible outcome.



This is a summary of an actual case. Details have been omitted to protect the privacy of our client. We select cases which are informative and no guarantee is provided that similar results are achievable in all cases. Every case is different and you should obtain legal advice specific to your matter and circumstances.

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