Charges
Original Drink Driving charges resulted in an application before the Magistrates’ Court to become re-licenced. Sunshine Magistrates’ Court.
Facts
The client had a considerable criminal history, including drink driving, with two high blood alcohol readings in the late 1990s. The client then had a further drink driving matter, with a reading of .090 that lead to the current application before the Court.
Given the above circumstances, there was a high possibility the client would be required to have an interlock device fitted. This is an electronic breath-testing device wired to the ignition system of a vehicle. A vehicle with an interlock will not start unless the driver passes a breath test.
Results
The client was very worried about giving evidence. The application was difficult because of the client’s history. Even though the 1990s readings were some time ago, a pattern could be seen. Further, the present reading had been taken the night after the client’s drinking had occurred, meaning that he must have drunk a substantial amount. This demonstrated very poor judgment, and is exactly why Magistrates are inclined to impose the interlock condition on applicants.
Our case centred around the following: The client was a changed man. He had matured considerably, started a family and ran a business. The client conceded that he had got very drunk the day prior to being breathalysed, but that there were special circumstances in relation to a step-child’s 21st birthday celebrations. The client drove multiple work vehicles attached to the business. And finally, the client didn’t usually drink.
After taking full instructions and assisting the client through his nerves in the witness box, the application went very well. The client received his licence back without an interlock condition attached, and he was very relieved.
For more information on licence restorations please click here.
