Our Result - Case Study - Reduction of drink driving disqualification period written by Casey Isaacs

Reference: 1600307

Charge

Our client was charged with driving with a prescribed concentration of alcohol in her blood - 0.227

Circumstances

Our client was originally charged with drink driving with a blood alcohol reading of 0.227 per 100 milligrams of blood. On the night prior to police attending her premises she has consumed alcohol, she had gone home to sleep and had driven in the early morning to pick up some breakfast. When she returned home police attended at her premises and requested she conduct a breath analysis. The reading was 0.227. At the time of speaking to police she indicated she had consumed two ciders upon returning home from breakfast after she had driven.

Police prosecution, given the close scrutiny of drink driving matters, proceeded with the blood alcohol reading of 0.227.

After negotiations and court attendances a forensic analysis and back calculation was conducted which determined that our client’s reading could have been as low as 0.130.

Ultimately, the charges were downgraded which resulted in a loss of licence of just over six months. If the client pleaded guilty to the original reading of 0.227 the minimum period of disqualification that could have been imposed was 12 months. This enabled the client to be able negotiate with her employer to keep her job which would not have been the case with the more substantial licence disqualification. 

 

DISCLAIMER: This is a real case study of an actual case from Caldicott Lawyers. Details of the client have been changed to protect their privacy. The penalty imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible penalties in South Australian Courts. Caldicott Lawyers do not guarantee a similar case on these charges will get the same result. Please note that Caldicott Lawyers post results at our discretion, therefore while many case studies are good results, others are notable for their exceptional results.

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