Court: County Court of Victoria
Lawyer: David Dribbin
Breach Interlock Case Study Charges
Driving Whilst Suspended; Driving in Breach of Interlock Condition; Drink Driving
Breach interlock / Driving Suspended Case Facts
The client had two driving matters occurring on separate occasions which were listed on separate days at the Dandenong Magistrates Court initially.
Case Results
The first matter, was heard at the Dandenong Magistrates Court, and was in relation to the client breaching an interlock condition (i.e. not having an interlock device installed in the car she was driving). The client had had a similar prior matter and so, given her very bad driving history, the magistrate sentenced her to one month in gaol, to be served immediately.
This was not a good outcome and we advised the client to appeal. At the County Court reports were obtained and tendered and, following lengthy submissions, His Honour overturned the original sentence and imposed a Community Corrections Order.
This was a far more appropriate outcome and only assisted with the second matter because the client was now on a County Court CCO.
The second matter however was much more serious: One charge of Driving Whilst Suspended, one Drink Driving charge and a further charge of breaching an interlock condition. These charges combined with a very poor driving history put the client in serious jeopardy of a sentence of imprisonment.
Not surprisingly, the client did not want to go to prison. It was always going to be difficult to avoid a jail sentence in circumstances where the client continued to commit the same offences. We advised the client to keep up her counselling and to continue to do well in relation to her County Court Community Corrections Order.
By the time the second matter came to Court there was enough material to argue that a further CCO was appropriate. Despite the fact that the client had repeatedly committed the same offence, the magistrate decided the appropriate course to adopt was a concurrent Community Corrections Order to follow the County Court Order.
Please note: This was a highly unusual outcome. Usually, when defendants repeatedly commit the same type of offence it is hard to avoid a sentence of imprisonment. The client was very fortunate on this occasion.
The result was due to a combination of factors: sound legal advice and appearance work along with a dedication by the client to continue counselling and her Community Corrections Order and stay out of further trouble. It was an excellent outcome.
