Court: Southport Magistrates Court
Solicitor: Mark Williams and Sinead Garland
Police were stopped at a red light conducting mobile patrols when they observed our client drive though a red light signal towing a boat. Within meters of the intersection, our client pulled into his driveway and was subsequently breathalysed by police. Consequently, our client was charged with low range drink driving (0.09%) (Low Range Drink Driving Offence).
When the police questioned our client about his drink driving, our client made admissions to police that he had been drinking earlier that day. Our client advised police that he had no intentions of driving his car that day and had made arrangements with his son to be the designated sober driver. Unfortunately, when our client and his son returned home from their boating trip, his son struggled to park the car with the trailer in the driveway. Following numerous failed attempts, our client decided to drive the car around the block to park the car sufficiently. As a result our client drove the car and ran a red light signal which was being monitored by the police.
Unfortunately, this Low Range Drink Driving Offence was our client’s second drink driving offence in the last five years having received a conviction for high range drink driving four years previous.
As a result, our client was facing a mandatory licence disqualification for a minimum of 9 months and is subject to the alcohol ignition interlock laws. He chose to engage experienced drink driving lawyers Mark Williams and Sinead Garland of Potts Lawyers to represent him in court.
Mark Williams instructed by Sinead Garland made oral submissions to the court which emphasised our client’s remorse and humiliation to be back before the court for another drink driving offence, his attendance at the Queensland Traffic Offenders Program and his cooperation with the administration of justice.
During the court appearance, Mark Williams observed that the prosecution did not rely upon a notice to allege previous convictions. Consequently, Mark Williams highlighted to the Magistrate that the court should not take into consideration our client’s previous high range drink driving offence when considering whether the aggravated penalty provisions apply (ie. previous drink driving offences in 5 years). Accordingly, the Magistrate only took into account our client’s previous history to determine our client’s overall character.
The Magistrate agreed with Mark William’s submission and disqualified our client from holding or obtaining a drivers licence for a period of 2 months and fined $750.00 with no conviction being recorded. This was an exceptional result in the circumstances and demonstrates the importance of having an expert drink driving lawyer to represent you if you are charged with an offence. If the lack of a proper notice was not highlighted to the court, it is likely that a 9 month disqualification period would have been ordered.
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.