Charges: Exceed Prescribed Content of Alcohol section 49(1)(b) & (f), being a reading of .074. Alternative charges to be withdrawn.
Facts: The client was out with friends and miscalculated his alcohol consumption. Unfortunately for the client he had two prior matters for drink driving, one within 10 years and one just outside. (If a second offence occurs within 10 years of the first, a client is penalised with a mandatory minimum time off the road.)
Results: The client suffered from depression, had no criminal history, had undertaken a road trauma awareness course and was remorseful for his conduct.
Following submissions to the Court the client received the minimum time off the road, backdated to the imposition of the section 51 notice (the notice he received after the most recent offence, disqualifying him from driving and effective immediately) and a significant fine of $1200.
For a third drink drive offence this was a reasonably good outcome.