Solicitors Near Me Murgon achieved an excellent result for our client at Murgon Magistrates Court recently.
Our client was charged with Dangerous Driving Whilst Adversely Affected.
Our client drove in a dangerous manner, and was found to have been driving with a blood alcohol concentration of 0.214.
Compounding this, our client had been charged with DUI Drink Driving on 3 previous occasions, with readings of 0.086, 0.214 and 0.243.
Given our client had been charged with Dangerous Operation of a Motor Vehicle Whilst Adversely Affected, and given they had been previously charged with DUI Drink Driving on more than one previous occasion in their lifetime, they faced Mandatory Imprisonment.
When a person faces Mandatory Imprisonment, the Magistrate has no discretion on the matter.
The Magistrate must hand down a term of imprisonment.
The only movement the Magistrate can make is with regard to whether or not that term of Mandatory Imprisonment is to be served by way of actual custody.
The alternatives to actual custody available to the Magistrate include a wholly suspended term of imprisonment, an Intensive Correction Order and Immediate Parole, each of which allow the person charged to go straight home.
We prepared detailed submissions of the relevant legislation and case law.
We made forceful verbal submission to the Magistrate.
We were successful in persuading the Magistrate to hand down a wholly suspended term of 4 months imprisonment, which will be suspended for 15 months.
If our client stays out of trouble throughout the next 15 months that will be the end of the matter.
Our client was naturally very relieved.
If you need help with a Dangerous Driving charge in Murgon or anywhere else in Queensland call the lawyers at Solicitors Near Me Murgon today on 1300675309 or click here to submit an online enquiry.