Low Range Drink Driving Lawyers Bankstown Court – Section 10 – September 2014 from Sydney Traffic Lawyers
Low Range DUI – Next Day Offence
Josh Boorman here from SydneyDrinkDriving.com.au. I’m just outside Bankstown Local Court where I’ve just finished a matter for a Low Range PCA Offense.
Now, my client was charged with quite a low blood alcohol rating at 0.053, and this was considered what they often referred to as a next day type of offence or a day after offence where he had consumed a fair bit alcohol the night before. He had gone to sleep. He had woken up the next day. He had hopped into his car. Once pulled over by a random breath test unit, it became evident that he still had a level of blood alcohol in his system, which was just over the legal limit on this occasion.
Facts of the matter
Now, there were some extenuating circumstances surrounding this incident or in particular the reason why my client consumed so much alcohol the night before. This came down to some family and some personal issues, which basically saw my client consume alcohol far and excess of what he usually would the night before the offence occurred.
He then went to sleep around 12 o’clock, woke up around 8:30, got into his car. It was his day off. He drove out to his local bank. He actually drove passed the random breath test unit on the way out there. He did not feel any effects of alcohol in his system. And he sincerely believed that he was not breaking any law. So, on the way back from the bank to his home, he did not seek to avoid the random breath test unit. He went through it but he was certainly shocked when the police officer advised him that he was over the legal limit and his blood alcohol rating was 0.053.
Issues in our clients favour
Given the low reading, and also, the fact that he does have a good traffic history since he’s been driving for 18 years, and he only has a handful of minor to traffic infringements on his record, there was probably no real need for him to go along and do a traffic offender program. He’s 49 years of age, so he is not a person who is just learning how to drive and would benefit greatly from re-education through a traffic offender program. So, we basically focused on getting a number of very well-written references together for him. He was able to get one from his supervisor at work, a family friend who is also a barrister-at-law, and a colleague he used to work with. All of these people had glowing things to say about my client and the sort of person that he is.
Clearly, his history showed that this is a one-off type of offence that will not be repeated again in the future. And I expressed to the Court that my client’s major lesson that he has taken away from this entire incident is the fact that alcohol can really remain in your system and in your blood for quite an extended period of time well after you have stopped consuming the alcohol.
Result: Section 10 Bond
So, the Magistrate received the submissions very well, and we obviously, pushed for what’s called a Section 10 Bond and that’s where you plead guilty to a charge however you agree that you are guilty. The matter is dismissed under Section 10 of the Crime (Sentence Procedure) Act. And what this basically meant in reality for my client is that he would not lose his lessons. He would not be convicted and he would not be fined. So, it really was a fantastic result that we got for my client and he was over the moon with the result.
Expert Bankstown DUI Lawyers
So, guys, if you find yourself in a situation where you have been charged with a drink driving or a DUI or an alcohol related traffic offence or even any sort of traffic offence that has occurred in New South Wales, rest assured that there is a lot of help out there. I’m a traffic and drink driving solicitor, and I’m very experienced in these types of matters. I attend courts in Sydney and all of the courts in the surrounding areas. Our office is in the city. However, today, I have come out to Bankstown to successfully plead this matter before the Court today.
And so, rest assured, there is a lot of help out there. If you want to have a chat to me, you can give me a call at the office on 1300 941 900. Or, alternatively, if you haven’t seen our website already, jump on our website. It’s SydneyDrinkDriving.com.au.
Now, there’s plenty of information surrounding drink driving offences, laws, penalties, traffic programs, and a whole raft of other information surrounding criminal drink driving matters in New South Wales. You should familiarize yourself with this information and the charges that you may have. And then like I said, give me a call at the office for a free first telephone consultation. I can have a chat to you about your charges, what you can expect from the court system. And certainly, if you want to get us on board for some professional legal representation to help you get the best result possible, we can advise you of the process that we go through and how we can help you.
Speak to our DUI Lawyers – Josh Boorman Ph: 1300 941 900
Our DUI Lawyers can be contacted at:
Sydney Drink Driving Lawyers | DUI Solicitors NSW
Email: jboorman@boormanlawyers.com.au
