Client was following a large truck on a dirt road on a hot dry day. The truck generated a large dust trail that blew behind the truck and on the opposite side of the road. The client followed within the speed limit. The truck dodged potholes and was travelling slower than the limit. The client suddenly saw the rear of the truck and applied the brakes and moved towards the other side of the road. A car coming the other way entered the dust cloud travelling at speed but within the speed limit – unable to see exactly what was ahead. The cars collided. Both persons received injuries. The client provided police with a statement almost 6 months after the accident. He did so without legal advice and made certain admissions on what may have been a factual reconstruction in his mind. On the basis of those admissions, negligence was established.
The solicitor wrote to the police service indicating an opinion that the injuries did not amount to grievous bodily harm. This opinion was accepted and a plea taken to negligent driving (without the allegation of grievous bodily harm – which carries upon conviction potential imprisonment, fines and disqualification).
After carefully considering the solicitor’s submissions to the Court, no conviction was recorded pursuant to Section 10 Crimes (Sentencing Procedure) Act.
The client had an excellent driving record and depended on his licence to maintain his employment in rural NSW.
Nyman Gibson Miralis provides expert advice and representation in all areas of drink driving and traffic law. Contact us if you require assistance.