Client Avoids Jail Gets Community Service for High Range PCA Drink Driving

Waverley Local Court

Represented by: solicitor and accredited specialist in criminal law

Facts

Our client was charged with High Range PCA and Resisting Police Arrest. Despite being immediately issued with a notice of suspension by the police, just days after the initial incident, our client was stopped once again by police and this time he was charged with Driving while Suspended.

Our client’s record showed three previous drink driving offences, which were considered as subsequent offences committed within the preceding five years. Accordingly, our client was eligible to be – and was – declared a habitual traffic offender.

His prior history of offending meant that our client was potentially exposed to a custodial sentence. The habitual offender declaration also meant that our client was staring down the barrel of a minimum nine-year disqualification from holding a driver’s licence.

Result

Although it appeared that our client’s prospects of a successful defence were bleak, we were able to collate a bundle of documents which supported a strong subjective case. We were also able to make persuasive submissions which encouraged the court to reduce the sentence which could otherwise have been imposed.

After we made strong and persuasive arguments to the court requesting leniency on behalf of our client, he was subjected to the following penalties:

  • On the charge of High Range PCA – a two-year licence disqualification and 100 hour community service order.
  • On the charge of Resisting Arrest – our client was granted leniency under section 10 of the Crimes (Sentencing Procedure) Act 1999.
  • On the charge of Driving while Suspended – a two-year licence disqualification and a two-year good behaviour bond.

Pleasingly, our client’s habitual offender declaration was also quashed. As the driver’s licence disqualifications imposed for the High Range PCA and Driving while Suspended offences ran concurrently, our client was effectively only penalised with a total two-year licence disqualification, despite being charged with three serious offences.

Being charged with a criminal or traffic offence can be frightening and confusing. To ensure that you get the best possible outcome in your circumstances you should seek legal advice immediately after you have been charged.