Case background

Our client was facing a fine of up to $5,500 and a potential jail term of two years, as well as an automatic 2-year licence disqualification.

Our client had a lengthy traffic and criminal history which included the following major offences:

  • May 2009 – Exceed Speed by over 30km/hr
  • August 2009 – Driving whilst Suspended
  • September 2009 – Driving whist Suspended
  • October 2009 – Driving whilst Suspended
  • June 2010 – Driving whist Disqualified
  • January 2011 – Driving whilst Disqualified
  • January 2011 – Drive in a Manner Dangerous

A further difficulty facing our client was that he had previously received most sentencing options such as Community Service and a Suspended Sentence. To make matters even more challenging, our client had breached each alternative sentencing option afforded to him to date.

In July 2012 our client was yet again detected driving while disqualified while on parole for his previous driving matter. Because of this, a full-time custodial sentence was looking almost inevitable.

 

Case result

After obtaining and relying on psychological material which demonstrated that our client’s impulsivity was based in his depressive disorder, our solicitor was able to convince the Court not to impose a term of full-time imprisonment but instead order our client serve 12 months Home Detention.

 

Nyman Gibson Miralis provides expert advice and representation in all areas of drink driving and traffic law. Contact us if you require assistance.