Case facts

The client was a 28 year old single man who had a history of post traumatic stress disorder coupled with depression and anxiety. He had driven a motor bike the day after he got his licence back from a previous disqualification for two drink driving matters and had ridden his motor bike unregistered, unlicensed, without a helmet and had caused an accident leading to a charge of negligent driving.

He came to the attention of the police by smoke billowing from his motor bike and when he was given a roadside breath test which returned a positive reading. He was arrested by police and taken to the local police station for a breath analysis. The analysis returned a blood alcohol concentration of 0.081gms of alcohol in 210L of breath, placing him in the mid range prescribed concentration of alcohol under s.110(4)(a) of the Road Transport Act 2013. Because didn’t have a licence to ride a motor bike he retained his driver’s licence.


Subjective circumstances

The client had been attending upon a psychologist for the past twelve months in relation to a previously diagnosed post traumatic stress disorder and depression and anxiety. The circumstances in his life at the time of the offending had exacerbated his depression. Due to his work he had no real need for a licence.

Potential Penalties: As this was a second drink driving offence within five years the maximum penalties open to the court were twelve months imprisonment, a fine of up to $3,300.00 and an automatic disqualification period of three years, able to be reduced to not less than twelve months. His traffic record and related criminal record made it a difficult case as he was at risk of serious penalty. He also faced penalties for the remaining charges including potentially large fines.


Traffic offender program

The client completed a traffic offender intervention program.


Local Court proceedings

The client was fined $800 and given a 12-month disqualification period. The client was then placed on a good behaviour bond under s.9(1) of the Crimes (Sentencing Procedure) Act for a period of two years. This was to be supervised to ensure that he continued to get the psychological treatment he required. This was an excellent result and the client was greatly relieved.


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