Court: Cleveland Magistrates Court
Solicitor: Erin Mitchell
Date: December 2017
Police were performing patrols when they came across a tree which had fallen across the road. The police observed that a vehicle had crashed through the tree (causing it to fall) and had been left down an embankment. They observed the vehicle had significant damage including that the windshield had collapsed into the cabin. They noted that any person in the vehicle at the time of the collision could have received serious injuries or died. They also noted there was vehicle debris scattered on the road. Police identified that our client was the owner of the vehicle and attended upon his home. At that time our client admitted he was the driver and had crashed approximately 1 hour earlier. He was breathalysed and was charged with mid-range drink driving (0.147%).
As a result of this offence, he was facing a mandatory licence disqualification. He worked as a tradesman and as such a loss of licence would have meant he would lose his job. We represented him at his plea of guilty to the drink driving charge and made an application for a work licence on his behalf. We informed the Court of our client’s remorse, his attendance at QTOP, the significant expense he had suffered (his vehicle was written off as a result of the collision and he was not covered by insurance because he had been drink driving) and the impact a loss of licence would have on him.
The Court fined our client $2,000 and granted our client a work licence, despite the very high reading and seriousness of the offending. He is allowed to drive Monday to Saturday during specific hours for the purposes of his work and may carry passengers where required as part of his employment.
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.