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Client Keeps Licence and Avoids Criminal Record for Mid-Range Drink Driving

TRAFFIC CASE

Our client is a 46 year old Sales Executive living in Frenchs Forest, Sydney.

He was pulled over for a random breath test just after 9pm on a Friday night on Blackbutts Road, Frenchs Forest where he registered a blood alcohol reading of 0.100.

He told police that he had been drinking red wine at his home from 6pm to 9pm and was on his way to a friend’s place. He was then charged with ‘mid-range drink driving’.

There was nothing particularly remarkable about the facts of the case.

Our legal team ensured that he took the right steps in the lead-up to the court date; by helping him with his apology letter and character references, and referring him to counselling.

The matter came before Manly Local Court where two defendants who registered very similar readings (0.09 and 0.115) both received criminal convictions and licence disqualifications because, as the Magistrate put it, “the reading is too high”. This was despite it being their first drink driving offence and both having a strong need for a driver licence.

Our client’s case then came before the very same Magistrate, who was ultimately persuaded to allow our client to keep his licence and avoid a criminal conviction despite the reading.

It is an example of how careful preparation and persuasive presentation in court can make all the difference when it comes to the result in drink driving cases.

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