Drink Driving Frankston Magistrates Court
Charges: Driving Under the Influence; Exceed Prescribed Content of Alcohol (Drink Driving .186)
Facts: The client worked in the hospitality industry and had been working late. She drank a number of glasses of wine after her shift finished. After waiting half an hour for a taxi, she decided to drive home. Unfortunately she was in no fit state to drive. The client was monitored driving down the freeway at about 10km under the speed limit. She was swerving but stayed in her own lane.
Results: After case conferencing the matter with the prosecution it was put that they should withdraw the Under the Influence charge and proceed on the Drink Driving charge.
We argued that the driving did not demonstrate failure to have proper control. Although the prosecution could have proceeded on the reading alone, they were prepared to agree to the request and the matter proceeded on the drink driving charge only.
This was a huge win for the client as she had two prior drink driving matters. One was within the last 10 years, which means that the client would receive double time off the road.
Whereas a first time Drink Driving offender with a BAC of .186 would get a minimum of 18 months off the road, on a second offence it is a minimum of 36 months. For a Drive Under the Influence charge the figures rise – a first offence is 24 months and a second offence 48 months.
Following a plea of guilty the client received a significant fine and 36 months off the road.
