Charges: Exceed Prescribed Content of Alcohol .15 (commonly referred to as Exceed PCA or Drink Driving); Driving Whilst Disqualified.
Facts: The client offended in 2006. For some reason, the police did not manage to find him immediately and it wasn’t until 2012 police finally caught up with him.
Results: Notwithstanding that the defendant had prior matters (two previous Exceed PCA and one previous Driving Whilst Disqualified), the delay between the offence and being charged was significant.
In that time the defendant had not committed any further driving related offences, nor any other offences for that matter. Importantly, the client had not driven whilst suspended. (He had previously been served a section 51 notice, immediately suspending his licence).
Subsequently the Court accepted that delay in the context of rehabilitation and particularly no further offending was a significant factor in mitigation. The client received a fine with some of the time off the road backdated to 2006, the time the section 51 notice was served.
As the client had thought he might go to prison, he was pleased with the result.
