Exceed Prescribed Content of Alcohol
Charges: Driving Under the Influence, Exceed the Prescribed Content of Alcohol Whilst Driving reading at .22 section 49(1)(b) & (f). Listed at the Dandenong Magistrates’ Court.
Facts: The client was suffering from significant depression due to a failed marriage. He had been out with mates, drunk too much and then had no way of getting home. He decided to drive home, but a concerned motorist reported him to police.
He was the first to concede that given the high BAC reading (0.22) he was very lucky he hadn’t killed himself or someone else whilst trying to drive home.
Results: All charges were withdrawn except for the Drive Under the Influence charge. This charge has a mandatory minimum of 24 months off the road.
The client had a prior drink drive matter. This had been a low reading and occurred just over 10 years ago. (For a second offence in 10 years, the minimum period of disqualification is doubled). If this offence had happened a couple of months earlier the client would have been looking at 48 months off the road as a starting point.
On our advice the client had participated in a road trauma awareness course and a defensive driving course prior to the trial. He had also continued to engage with his psychologist and the Salvation Army.
The Magistrate was very impressed with the client’s rehabilitative efforts and so did not exceed the mandatory minimum sentence of 24 months off the road. He did however impose a $1500 fine.
