Case facts

Our client had previously been convicted on two occasions of driving under the influence (DUI) of alcohol. Our client was pulled over one night by the police after consuming eight 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. 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 five year period, and our client faced a significant likelihood of going to jail.


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 suspended driving 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 jail, and had been dealt with by way of community service orders for his previous matters, the danger of receiving a jail term was significant.

It was emphasised 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 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.


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