Author: Nyman Gibson Miralis

Manly Local Court

Represented by solicitor: Nyman Gibson Miralis

Case Facts:

Our client had previously been convicted on two occasions of driving under the influence of alcohol DUI. Our client was pulled over one night by the Police after consuming about 8 schooners of beer. He was subjected to random breath test (RBT), which returned a positive reading. Our client later returned a reading of 0.140, at the high end of the mid range prescribed concentration of alcohol or MRPCA. Our client was immediately suspended from driving pending the court proceedings. During the period of our client’s suspension from driving, he was detected driving again. He was therefore also charged with Driving Whilst Suspended. The mid range drink driving matter was his fourth major traffic offences within a 5 year period, and our client faced a significant likelihood of going to gaol.

Case Result

For the mid range drink driving offence our client was given a good behaviour bond pursuant to section 9 of the Crimes (Sentencing Procedure) Act 1999. For the Drive Whilst Suspended matter, he was ordered to perform 50 hours of community service. He was disqualified from driving for a total of two and a half years. Given that he faced up to two years in gaol, and had been dealt with by way of community service orders for his previous matters, the danger of receiving a gaol term was significant. It was strongly emphasized to the Presiding Magistrate that as our client was a person whose character was only impeached by his traffic record, it was reasonable in the circumstances to put him to work in the community and to disqualify him from driving for a time. The Magistrate agreed. The client would automatically have also been declared a Habitual Traffic Offender from this matter, resulting in an additional, accumulative five year disqualification period. It was submitted that the Magistrate quash the Habitual Offender Declaration, as this length was excessive, given that our client lived in an area with little public transport. The Magistrate agreed to do so as well.