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Driving and Traffic Case Studies

TRAFFIC

Disclaimer: Please note that this case study shows actual results from our files. The name of the client has been omitted and some details have been changed or omitted to protect our client’s confidentiality. Details of the charges and the penalties imposed have not been altered. Case studies are published to show real outcomes which may assist those facing similar charges. Obviously each case is unique, and we cannot guarantee that we will achieve the same result in your matter. Case Studies are published at our discretion. While most studies show average results, a few a show exceptional outcomes achieved.

Category of Offences:       Traffic

Court Heard:                        Southport Magistrates Court

Charges:                              DUI- Drink Driving-0.111%

Plea/Trial:                             Guilty Plea

Brief Description:              

Our client was charged with driving a motor vehicle while whilst over the middle alcohol limit but not over the high limit (0.111%). The client needed a licence for to maintain employment. Potts Lawyers made submissions on behalf of the client and submitted affidavit material as to mitigating factors for the court to take into account when determining the appropriate penalty. Potts lawyers made application to the court on behalf of the client in order to obtain a restricted licence.

Result/Sentence:

The client was convicted and fined $800 and disqualified from driving for 12 months. The client was granted a restricted licence which allowed driving to and from work, by the most direct route between 6am to 6.30pm Monday to Saturday.


 

Category:                             Traffic

Court:                                    Brisbane Magistrates Court

Charges:                               Driving a motor vehicle without a driver licence (Unlicenced driving)

Trial/Plea:                             No Plea required to be entered

Summary:                            

Our client’s licence had been suspended following an accumulation of demerit points. Our client was charged with driving unlicenced. Potts Lawyers, wrote to the Department of Transport on behalf of the client, seeking clarification as to the period of disqualification and then made submissions to Police Prosecutions identifying an error in the period of disqualification. Potts Lawyers submitted on behalf of the client that no evidence should be offered in relation to the changes by police prosecutions (ie that the charges be withdrawn).

Result:                                  

The prosecution offered to evidence and the client was discharged (charges dropped)


 

Category:                             Traffic

Court:                                   Southport Magistrates Court

Charges:                               DUI with blood alcohol reading of 0.174%         

Trial/Plea:                             Guilty

Summary:                             Potts Lawyers made submissions on behalf of the client in order to inform the courtof the client’s circumstances when        considering a penalty for the offence.

Result:                                   The client was fined $1200 and disqualified from driving for 10 months.    


 

Category:                 Traffic

Court:                        Brisbane Magistrates Court

Charges:                   2 charges of DUI, 2 charges of driving while unlicenced

Trial/Plea:                 Guilty

Summary:               

The client was charged with DUI (0.203%) and DUI (0.021%) and two counts of driving without a licence. The client had an extensive traffic history and was at the time of the offence already disqualified for a period of 10 months. Potts Lawyers on behalf of the client made submissions as to the client’s personal circumstances, psychiatric issues, rehabilitation and impact of a custodial sentence.

Result                      

The client was sentenced to a period of probation of two years and the Court imposed conditions as to reporting and counseling. The client was disqualified from driving for a further period of 30 months.


 

Category:                 Traffic           

Court:                     Coolangatta Magistrates Court     

Charges:                   DUI 0.115%  

Trial/Plea:                 Guilty

Summary:               

Our client was charged with driving under the influence of alcohol (0.115%). Our client worked as a construction site manager and needed his licence to maintain employment. Potts Lawyers made an application to the Court to obtain a restricted work licence on behalf of the client.

Result                      

Our client was fined $500 and disqualified from driving for a period of 6 months. A restricted work licence was granted by the Court.


 

Category:                             Traffic

Court:                                   Beenleigh Magistrates Court        

Charges:                               DUI (0.075%)                       

Trial/Plea:                             Guilty

Summary:                             Potts Lawyers made submissions on behalf of the client in mitigation of penalty

Result                                   The client was fined $600 and disqualified from driving for 4 months.


 

Category:                             Traffic

Court:                                   Southport Magistrates Court                     

Charges:                               DUI (0.06%)

Trial/Plea:                             Guilty

Summary:                            

Our client was charged with driving with a blood alcohol content of 0.06%. Holding a licence was critical for our client’s work as an academic and application for a restricted work licence was made to the Court.

Result                                   

Our client was fined $400 and disqualified from driving for a period of 1 month. A restricted work licence was granted for that period.


 

Category:                             Traffic

Court:                                    Brisbane Magistrates Court          

Charges:                               Use/permit use of an unregistered vehicle

                                               Driving an uninsured vehicle

Use/permit use of vehicle with plates attached that were cancelled 

Trial/Plea:                             Guilty  by reason of s114(3) of the Transport Operations (Road Use Management Act)    

Summary:                            

Our client had sold her vehicle and failed to notify the Department of Transport of its disposal as required under the act, thereby rendering her liable for its unregistered use.The sentencing Magistrate commented that the early plea of guilty was both sensible and timely and accepted Potts Lawyers submissions as to the client’s good character and otherwise unblemished traffic history.                       

Result                                   

In respect of charges 1 and 3 the client was fined $200 and allowed 2 moths to pay. In respect of charge 2 the client was fined $400 and allowed 4 months to pay. She was also ordered to pay $75 court costs


 

Category:                 Traffic

Court:                        Brisbane Magistrates Court

                                   Tweed Heads Local Court

Charges:                   Disqualified Driving

                                   Driving while using a mobile phone

                                   Disqualified driving (NSW)                                   

Trial/Plea:                 Guilty             

Result                       

Our client was convicted and sentenced to a term of six months imprisonment, but this term was wholly suspended. In respect of charge 2 the client was fined $350 and allowed 1 month to pay. He was further disqualified from holding a licence for 2 years. In respect of charge 3, heard in NSW, our client was sentenced to 18 months imprisonment, but this also was wholly suspended. He was ordered to be of good behavior for a period of 18 months and to pay $76 in Court Costs.

Summary:                

Our client had been previously disqualified from driving for a period of 9 years and was caught driving twice before the expiration of that time.


 

Category:                 Traffic

Court:                        Southport Magistrates Court                     

Charges:                   DUI (0.214%)

Trial/Plea:                 Guilty

Summary:                

This was our client’s fifth conviction for Drink Driving. Potts Lawyers made submissions as to the client’s psychological issues and efforts at rehabilitation in an effort to avoid a custodial sentence.

Result                       

The client was sentenced to 9 months imprisonment but this was wholly suspended. Our client was disqualified from driving for a period of 18 months.


 

Category:                 Traffic           

Court:                        Brisbane Magistrates Court                      

Charges:                   DUI (0.130%)           

Trial/Plea:                 Guilty             

Summary:                  Potts lawyers on behalf of the client made extensive submissions and tendered numerous references as to our client’s good character.        

Result                        Client was fined $600 and disqualified from driving for 4 months.


 

Category:                 Traffic           

Court:                         Southport Magistrates Court         

Charges:                   1. Driving while unlicenced on 25/04/11

                                    2. Driving an unregistered vehicle on 25/04/11

                                    3. Driving an uninsured vehicle on 25/04/11

                                    4. Driving a vehicle with cancelled plates on 25/04/11

                                    5. Driving whilst unlicenced on 30/05/11

                                    6. Driving an unregistered vehicle on 30/05/11

Trial/Plea:               

Potts lawyers made submission on behalf of the client and were successful in having charges 1 and 5 withdrawn. Our client pleaded guilty to the remaining charges.        

Summary:                                        

Result                       

Potts Lawyers were successful in negotiating the removal of two of the 6 charges. For the remaining charges the client was fined a total of $1200.


 

Category:                 Traffic                       

Court:                                    Coolangatta Magistrates Court     

Charges:                   DUI (0.121%)                       

Trial/Plea:                 Guilty 

Summary:                 Potts Lawyers made submissions on behalf of our client which included disclosure of the client’s depression and anxiety.   

Result                        Our client was fined $500 and disqualified from driving for 3 months


 

Category:                 Traffic                       

Court:                                    Southport Magistrates Court         

Charges:                   DUI (0.62%)             

Trial/Plea:                 Guilty             

Summary:                

Our client had taken over from the designated driving who had too much to drink. He mistakenly thought he was under the legal limit. Potts Lawyers made submissions and presented comparative sentences to the Court on behalf of the client.

Result                        Our client was fined $400 and disqualified from driving for 5 weeks.


 

Category:                 Traffic           

Court:                                    Southport Magistrates Court

Charges:                   Fail to provide a specimen of breath for analysis         

Trial/Plea:                 Guilty 

Summary:                Our client was unable to provide police with a breath test. Potts Lawyers made submissions as to our clients character and remorse.

Result                        Our client was fined $900 and disqualified from holding a licence for 6 months.


 

Category:                 Traffic           

Court:                       Southport Magistrates Court         

Charges:                   DUI (0.258%)           

Trial/Plea:                 Guilty 

Summary:                 Client was picked up drink driving. Our client had some previous traffic history.   

Result                        Client was fined $1200 and disqualified from driving for 11 months


 

Category:                 Traffic                       

Court:                       Brisbane Magistrates Court

Charges:                   DUI (0.120%)           

Trial/Plea:                 Guilty 

Summary:                

Our client had two previous convictions for drink driving and other prior convictions for alcohol related offences. Our client was advised as to steps to take to mitigate his sentence and submissions were made on his behalf in relations to his personal circumstances including his medical history.                

Result                       

Our client was fined $900 and disqualified from driving for 7 months


 

Category:                 Traffic           

Court:                                    Magistrates Court

Charges:                   Driving without due care and attention              

Trial/Plea:                 No plea required to be entered     

Summary:                 Client misunderstood directions from a police officer, who claimed he drove to close to him and did not slow down sufficiently.

Result                        After Potts Lawyers had made submissions on behalf of the client, Police prosecutions offered no evidence and the case was struck out.


 

Category:                 Traffic           

Court:                         Ipswich Magistrates Court

Charges:                   Application for Special Hardship Licence          

Penalty:                     n/a

Summary:                 Client had lost his licence for six months as a result of accumulated demerit points and his job was at risk.

Result                        SHO granted allowing the client to drive Mondays to Sundays from 10am, to 6pm


 

Category:                 Traffic           

Court:                                    Brisbane Magistrates Court

Charges:                   DUI (0.065%)           

Trial/Plea:                 Guilty 

Summary:                  Our client was charged with low range drink driving.

Result                        Client was fined $500 and disqualified for 4 months


 

Category:                 Traffic

Court:                        Holland Park Magistrates Court

Charges:                   Driving while a relevant drug was present in blood or Saliva

Trial/Plea:                 Guilty             

Result                        Our client was fined $600 and disqualified from driving for 4 months.


 

Category:                 Traffic

Court:                       Sangate Magistrates Court

Charges:                   Driving a motor vehicle at 110km/hr in excess of the speed limit of 80km/hr

Trial/Plea:                 Not Guilty- Summary Trial

Summary:                

Client challenged his speeding fine. The Police case was that the client had travelled in excess of the speed limit along “L” Road. The Client’s case, as presented by Potts Lawyers was that at no time did he travel along “L” Road but rather travelled along “G” Road and then on “SP” Road. No recording of the conversation with Police existed.

Result:                       Client was found not guilty and acquitted.


 

Category:                 Traffic

Court                         Southort Magistrates Court

Charges:                   s 328(A)(1) Dangerous Operation of a Motor Vehicle

Trial/Plea:                 Not Guilty (client pleads to lesser charge)

Maximum Penalty: Varies with circumstances

Summary:                

Client drove up a hill past a police officer who had pulled another car over, driving too close to the police officer. Client said he did not see the police officer and only realized it was a police car after he had driven past. He saw the flashing lights but assumed they were on because the police had pulled over another vehicle.

Result:                      

Potts Lawyers made submissions on behalf of the client that the police officer had parked inappropriately and that given the conditions it was entirely possible that our client may not have seen the police officer. Potts lawyers also made submissions that the police questioning of our client was inappropriate. The original charge was dropped by the police and the client was charged with the lesser charge of Driving without Due Care and Attention. The client pleaded to the charge, was convicted and fined $300.

 

Court Heard:

Southport Magistrates Court

Charges:

Drink Driving – 0.141%

Plea/Trial:

Guilty Plea

Summary:

Our client was charged with driving a motor vehicle while whilst over the middle alcohol limit but not over the high limit (0.141%). The client did have a previous drink driving offence on record within the 5-year period. The prosecution queried whether his honour would be satisfied that the client be a fit and proper person to be granted a restricted licence. His honour, at first, agreed with the prosecutions submissions. Potts lawyers made submissions that the client’s previous drink drive was almost a low range conviction, that the 16 demerit points lost go back to 2008, averaging only 3 points lost per year, and that the client had matured considerably since his first drink drive offence. Potts lawyers made application to the court on behalf of the client in order to obtain a restricted licence.

Result/Sentence:

The client was convicted and fined $1,100 and disqualified from driving for 12 months. The client was granted a restricted license, which allowed driving to and from work, by the most direct route between 5am to 7.30pm Monday to Friday and 5:00am to 3:00pm on Saturdays

Court Heard:

Southport Magistrates Court

Charges:

Drink Driving – 0.121%

Plea/Trial:

Guilty Plea

Summary:

Our client was charged with driving a motor vehicle while whilst over the middle alcohol limit but not over the high limit (0.121%).  The client needed a licence for to maintain employment. Potts Lawyers made submissions on behalf of the client and submitted affidavit material as to mitigating factors for the court to take into account when determining the appropriate penalty. Potts lawyers made application to the court on behalf of the client in order to obtain a restricted licence.

Result/Sentence:

The client was convicted and fined $600 and disqualified from driving for 5 months. The client was granted a restricted license, which allowed driving to and from work, by the most direct route between 5.30 to 6.30pm Monday to Friday and inclusive of Saturday and Sunday each and every week.

Court Heard:

Southport Magistrates Court

Charges:

Drink Driving – 0.068%

Plea/Trial:

Guilty Plea

Summary:

Our client was charged with driving a motor vehicle while whilst over the general limit but under the middle alcohol limit (0.068%) whilst holding a provisional licence.

Result/Sentence:

The client was convicted and fined $750.00 and disqualified from obtaining a driver’s licence in the state of Queensland for 3 months. A conviction was recorded. 

Court Heard:

Southport Magistrates Court

Charges:

Failing to stop for police;

Disobeying a red traffic light; and

Failing to comply with a condition of drivers licence

Plea/Trial:

Not Guilty

Summary:

Our client was charged with failing to stop for police, disobeying a red traffic light and failing to comply with a condition of a drivers licence. Potts Lawyers arranged a number of conferences with the Officer in Charge of the Gold Coast Police Prosecution Corps. Potts lawyers highlighted the deficiencies in a number of evidentiary certificates that the prosecution intended to produce along with substantial amount of inadmissible hearsay evidence contained in the statements of the two police officers intending to give evidence against the client.

Result/Sentence:

As a result of the conference with Potts Lawyers and the Police Prosecution, the three charges imposed on our client where withdrawn by the Police Prosecution and formally dismissed by the Magistrate.

Court Heard:

Southport Magistrates Court

Charges:

In charge of a vehicle whilst under the influence – (0.161%)

Plea/Trial:

Guilty Plea

Summary:

Our client was charged with being in charge of a motor vehicle whilst under the influence of alcohol (0.161%). Potts Lawyers made submissions to the court that the client had no intention whatsoever of driving the motor vehicle and did not even realise it was an offence to sit in the drivers seat of a vehicle whilst under the influence. The minimum sentence for such a charge is 6 months disqualification. 

Result:

The client was disqualified from holding or obtaining a drivers licence for 7 months and fined a sum of $1,200.

Court Heard:

Southport Magistrates Court

Charges:

Drink Driving (0.172%)

Plea/Trial:

Guilty Plea

Summary:

Our client was charged with driving a motor vehicle while whilst over the high limit (0.172%). The client also had a previous high range drink driving conviction.

Result:

The client was convicted and fined $1500 and was disqualified from holding or obtaining a drivers licence for 17 months.

Court Heard:

Southport District Court

Charges:

Dangerous operation of a motor vehicle causing grievous bodily harm

Plea/Trial:

Lengthy Plea of Guilty

Summary:

Our client was charged with dangerous operation of a motor vehicle causing grievous bodily harm. Potts Lawyers made submissions on behalf of the client and submitted affidavit material as to mitigating factors for the court to take into account when determining the appropriate penalty. This included character references, doctor’s reports and the client showed genuine remorse.

Result:

The client was convicted and sentenced to a term of imprisonment of 18 months imprisonment. This was wholly suspended for an operational period of 3 years. The client was also disqualified from driving for 12 months. 

Court Heard:

Southport Magistrates Court

Charges:

Drive without due care and attention

Plea/Trial:

Guilty Plea

Summary:

Our client was charged with driving without due care and attention. Potts Lawyers made submissions on the client’s behalf including, personal antecedents, completion of the Queensland Traffic Offenders Program and reference from their employer.

Result:

The client was charged a sum of $800 and was not disqualified from driving a motor vehicle.

Court Heard:

Southport Magistrates Court

Charges:

Failure to Appear in accordance with an undertaking

Driving a motor vehicle without a drivers licence (demerit point suspension)

Plea/Trial:

Guilty Plea

Summary:

Potts Lawyers appeared on behalf of the client in relation to failing to appear in accordance with an undertaking and driving a motor vehicle without a drivers licence (demerit point suspension). Plentiful submissions were made by Potts Lawyers, which explained the circumstances surround the charge of failing to appear. As well as this several character references were tendered on the clients behalf.

Result:

The client was convicted and fined $900 for the charge of failing to appear. The client was also charged $500 for the charge of unlicensed driving.

Court Heard:

Brisbane Magistrates Court

Charges:

Drink Driving on a provisional licence (0.046%)

Plea/Trial:

Guilty Plea

Summary:

The client was charges with driving whilst over the no alcohol limit, but under the general alcohol limit while the holder of a provisional licence (0.046%). Potts lawyers made several submissions in court on behalf of the client.

Result:

The client was fined the sum of $350 and disqualified from holding or obtaining a Queensland drivers licence for a period of three months.

Court Heard:

Richlands Magistrates Court

Charges:

Unlicensed Driving (Demerit Point Suspension)

Plea/Trial:

Guilty Plea

Summary:

The client had been charged with unlicensed driving of a motor vehicle. Potts Lawyers made submissions.

Result:

The client was fined $300 and disqualified from driving for 6 months.

Court Heard:

Brisbane Magistrates Court

Charges:

Failing to comply with the obligations of a driver involved in a crash

Drink driving (0.120%)

Plea/Trial:

Guilty Plea

Summary:

The client had been charged with failing to comply with the obligations of a driver involved in a crash and also was driving over the middle alcohol limit but under the high alcohol limit (0.120%). Potts Lawyers made submissions on behalf of the client and made evident that the client had no previous traffic history. Potts Lawyers also made submissions that after the accident the client had in fact stopped their vehicle and presented their driver licence to the other driver involved in the crash. It was established that the client had shown the other drive their international drivers licence that did not have their Australian residential address noted on it, which is not sufficient to fully comply with legal obligations. 

Result:

On charge 1: Failing to comply – the client was convicted with no further punishment.

On charge 2: Drink driving – the client was fined a sum of $900 and disqualified from driving for a period of 5 months.

Court Heard:

Southport Magistrates Court

Charges:

Drove a motor vehicle with a relevant drug methylamphetamine in the saliva

Plea/Trial:

Guilty

Summary:

Potts Lawyers made submissions on behalf of the client that there was no suggestion that the client was adversely affected by the drug at the relevant and that no manner of driving brought the police to the attention of the client. 

Result:

The client was convicted and fined $300 and disqualified from holding or obtaining a driver licence for one month.

Court Heard:

Southport Magistrates Court

Charges:

Drink Driving 0.08%

 

Plea/Trial:

Application for a restricted work licence

Summary:

The client was charged with driving over the low range alcohol limit 0.08% BAC. Potts Lawyers submitted that the client met the criteria of the legislation and that the client ought to be granted a restricted work licence.

Result:

No conviction was recorded. The client was fined a single sum of $400 and disqualified from driving for 6 months. The court was satisfied that the client was a fit and proper person and was granted a restricted work licence.

 

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