Case facts

Our client was found asleep at the wheel of his car in the early hours of the morning with the engine running but the car in “park”. When a breath analysis was conducted, our client’s blood alcohol content was found to be 0.193. He was charged with high range drink driving.


Case result

Despite the circumstances of our client’s offending, the charge against him was dismissed in accordance with section 10. We stress that this is a very rare result for an offence of this nature, and should not be taken as a guarantee that you would obtain the same result even in similar circumstances.

In our client’s situation, he had been driven to the location where he was ultimately found because he was too intoxicated to drive. The driver left our client and he got into the driver’s seat – but did not drive.


An unusual case

Although there was some discussion about whether our client had tried but failed to put the vehicle into motion, because the vehicle had not traveled any distance, our client had an excellent driving and non-existent criminal record, and no person was actually put at risk, the court used its discretion not to record a conviction.


Without the services of an accredited, specialist criminal lawyer our client would most likely not have been able to obtain such a positive result.


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