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1 month disqualification for Low-Range Drink Driving

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Successful Outcome for Low-Range Drink Driving Offence

Our solicitor, Stephanie McClelland, represented a young male at Hornsby Local Court in relation to the following offence:

  • Driving motor vehicle with low range PCA- second or subsequent offence pursuant to section 110(3)(a) of the Road Transport Act.

The case involved our client being signalled to stop for a random breath test in North-West Sydney. At this time, he informed Police that he had finished his last drink 30 minutes prior to being stopped. He returned a reading of 0.092 and was placed under arrest and conveyed to Hornsby Police Station for a breath analysis. The analysis produced a reading of 0.074 grams of alcohol in 210 litres of breath. Our client informed Police that he had consumed approximately 4 Pints of full strength craft beer and a schooner of Super Dry during the day and night, and that his last eaten meal was before midday. He was issued with a Field Attendance Notice.

The Court’s Decision

Our client entered a guilty plea for the above charge. On sentence, Ms McClelland made submissions regarding our client’s otherwise good character, an explanation for his actions, and the circumstances of the offence. Submissions were also made regarding our client’s workplace situation and his need for a licence. Character references, an apology letter, and the completion of the Traffic Offenders Rehabilitation Program completed upon our advice, were also submitted.

The Magistrate was satisfied with the submissions made. Our client was disqualified from driving for the minimum period of 1 month, and was directed to participate in a mandatory interlock program for a period of 12 months pursuant to section 211 of the Road Transport Act 2013. This was a commendable outcome.

This case demonstrates the importance of outstanding representation. Stephanie ensured the case was prepared and presented thoroughly and in a way the Court would consider all relevant circumstances in favour of our client on sentence.

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