Poor Driving Record No Barrier on Mid Range PCA Charge
Sutherland Local Court
Represented by solicitor, criminal defence lawyer and traffic law expert
Facts
Our client was charged with driving drunk for the fifth time. His prior offences included one High Range PCA, one Low Range PCA and two Mid Range PCA charges. Our client had previously been subject to a community service order for mid range drink driving.
At the time of the new Mid Range PCA charge, our client was driving with his wife and three children in the car.
Result
Given our client’s prior history of offending, the latest charge carried a potential nine-month prison sentence and a maximum penalty of $2,200.
However, we were able to successfully argue that any form of custodial sentence would be inappropriate in the circumstances. Our client was convicted and sentenced to a two-year good behaviour bond, and a fine.
Despite our client’s chequered driving history, we were also able to successfully argue that our client’s disqualification period should only be nine months long, on the basis that he had a strong need for a driver’s licence.
That suspension was backdated from his sentencing date to the date of the original charge, so our client was eligible to reapply for his driver’s licence less than six months after his sentencing hearing.
A great result
No matter how bleak your situation may seem, obtaining legal advice as soon as possible after you have been charged with a criminal offence can be helpful.