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PUBLICATION

Successful Case Dismissal for Speeding Offence

Successful Case Dismissal for Speeding Offence

Our solicitor Nicholas Hardy-Clements represented a 27-year-old woman at Burwood Local Court on 22 June 2021 for driving a motor vehicle exceeding the speed limit- over 30km/hr.

On the day of the offence, our client was returning home after a wedding event and had been served a meal which had been contaminated with seafood. As a result, at the time she was driving, she experienced an allergic reaction, began vomiting and had severe stomach pains.

At the time of the offence, the variable speed limit in the Lane Cove Tunnel was 40km/hr, however, there were no road works being carried out in the tunnel. Our client also had her navigation on, of which indicated the speed limit was 80 km/hr.

The Court’s Decision

On sentence, after considering Mr Hardy-Clements’ persuasive submissions, the material and antecedents, our client’s speeding infringement was found proven, however, dismissed pursuant to section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999.

This result was achieved by preparing the case thoroughly. We paid careful attention to our client’s personal circumstances and collated relevant evidence in support of our client’s case, need for a licence, otherwise good character and contribution to her workplace and the community.

This case illustrates the importance of quality representation and the value of an experienced solicitor who cares for his client’s circumstances and will work hard to ensure their case is prepared and presented in a way that ensures the Court gives full effect to every factor in our client’s favour.

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