Drink Driving Lawyers Fairfield Court – Mid Range DUI – September 2014 from Sydney TrafficLawyers
Recently our Drink Driving Lawyers Fairfield appeared in Fairfield Local Court on a Middle Range DUI charge. It was our clients 2nd drink driving charge within the past 5 years which made him a repeat offender. We came away with an excellent result for our client who was extremely happy. If you have been charged with a drink driving offence in Sydney or any of the surrounding areas Contact us 1300 941 900.
Second Middle Range DUI Offence @ Fairfield Court
Hi, guys. Josh Boorman here from SydneyDrinkDriving.com.au. Our Drink Driving Lawyers Fairfield have another update today on a matter that I had at the Fairfield Local Court this morning. This matter was quite a serious matter, and he was a repeat offender. It was his second drink driving charge within the space of four years, and it was a charge of Middle Range PCA. The blood alcohol rating was 0.099, but obviously, the fact that that was his second DUI offence in the last five years meant that it increased the penalties and sentences and he was to be dealt with far more seriously by the Court system.
Professional Alcohol Treatment
Basically, I was able to present a number of submissions to the Court. I was also able to tender certain evidentiary documents. My client admitted that he did have a history of alcohol abuse and we got him along to see a psychologist to get some professional treatment for that and a number of other emotional issues that he has been going through.
So, in other words, I was able to tell the Court that he was able to jump on the front foot and take proactive action in order to try and treat the root cause of his problem that has led to his offending behaviour.
We tendered a report from his psychologist which said that he had been doing a number of sessions that he’d been responding well to and that he had every intention on continuing with his treatment into the future.
Traffic Offender Intervention Program
In addition to that, my client went along and did the traffic offender intervention program. Now, my client was 45 years of age, but because he did have such a poor traffic history, it was important that he went along and completed the fully approved six-week traffic offender intervention program in order to show the Court that he is making an attempt to re-educate himself about how alcohol affects the body and also learn more about general driver safety. The Court took these submissions very well.
Reduced Risk of Injury & No Aggravating Features
I was also able to explain to the Court how, in relation to the circumstances surrounding my client’s incident, that there were no significant aggravating features involved. My client had travelled for the weekend to go out to visit friends in a remote town at a regional areas inn New South Wales. He was pulled over for the purpose of the random breath test. He was the sole occupant of the vehicle. He had only gotten into the car when he was at this town to drive late at night to go looking for some food. He admitted that he had no excuse for getting into the car when he was over the limit. These are all factors which certainly show that there was a reduced amount of danger to other people on the road. It was late at night and there were no other drivers on the road. So, this was obviously taken into account by the Court just to show that there were no aggravating features involved in this drink drive incident. It was, as one would say, a relatively standard PCA type of offence. But, of course, he did have that second offence there on his traffic history and the Court can’t turn a blind eye to a repeat offender.
Effects On Clients Employment
A number of other subjective issues were raised before the Magistrate, and they involve the fact that my client has a very important need to maintain a driver’s license due to his employment. He is required to travel to various locations in and around Sydney for the purpose of performing his job.
Now, without a driver’s license for an extended period of time, we were able to get a report from his employer saying that he’d simply lose his job and be terminated. Whilst his employer was going to be flexible and patient in the short term, this is certainly a submission that we were able to push towards the Magistrate to show that if he could get his license back after the minimum disqualification period, then he would be able to maintain his employment and continue bringing in an income for him and his family. So, these are all issues in relation to subjective features and objective features surrounding this offence in Fairfield Local Court.
Excellent Result For Middle Range DUI – Second Offence
At the end of the day, we got a very good result for my client. The incident occurred a couple of months ago, so he’s already being off the road for about 2 months. But we were able to persuade the Fairfield Court Magistrate to give my client the minimum disqualification of 12 months. Now, that’s the minimum disqualification for a second or subsequent mid-range drink driving offence within the last five years. So, he got 12 months disqualification. He got a reduced fine of $450. I also got the Magistrate to make an order that he backdate the disqualification period to the time of the offence or alternatively, the time that he already has served off the road suspended since the time of the offence has been taking into account as time already served off the disqualification period.
The other very important order that we were able to get the Magistrate to make was that my client was willing and able to take part in the NSW Alcohol Interlock Program, and this was something that I pushed hard for and it as successfully granted by the Fairfield Court Magistrate. Basically what this means is that he is able to reduce the disqualification period to 6 months instead of the minimum 12 months. But the catch is that my client now after that six-month disqualification period has to have the NSW Alcohol Interlock Device in his car for a period of 2 years once he begins his driving again. Certainly, a person with alcohol issues in the past, he was a prime candidate to enter into this NSW Alcohol Interlock program. The good thing with this and for my client is that in about 4 months from the Court date where he was sentenced, he can get his license back. With a Special NSW Alcohol Interlock Licence, he can continue to drive and continue to be able to perform his duties for his work.
So, it will have minimum disruption to his ability to earn an income. However, in saying that, it will also put him at a certain level of deterrence and penalty by having to fork out money to enter into the NSW Alcohol Interlock Program, and also, it will certainly put him on guard that he can’t even get into a car with having any alcohol in his system.
So, at the end of the day, my client was extremely happy with the result because he understood that he would lose his lessons being a repeat offender for a period of time. He had no emergent reasons for getting into the car. But what we were able to do for him was get a large amount of leniency from the Fairfield Court. At the end of the day we got our client he best result possible and he was extremely happy with the overall outcome.
Free DUI Lawyer Consult
So, guys, if you have a drink driving offence in Fairfield Court or any other Court around Sydney, or an alcohol related traffic offence, then rest assure we specialise in this type of legal representation. Drink Driving offences is a socialized area of law which requires specialist lawyers to handle them in the best way possible. Certainly, if you have been charged, feel free to give me a call at the office on 1300 941 900 or alternatively, you may have already seeing our website, that’s SydneyDrinkDriving.com.au. Now, you can go to our webpage and there’s a raft of information in relation to NSW drink driving penalties, laws, traffic offender programs, blog posts, a whole heap of information surrounding criminal drink driving offences in New South Wales.
But like I said, you can get on the phone and give me a call. I’m happy to have a FREE first telephone consultation with you just to assess where you’re at with your matter, give you a bit of an idea of what the process is, and what the Court system expects of offenders or defenders. Like I’ve said, our number is, 1300 941 900, or visit our website. You can even drop me a message through the website at SydneyDrinkDriving.com.au. Thanks, guys!
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
