Drink and Drug Drive Case Study

December 21, 2022

The following case study is an example of the kind of Drink and Drug Driving combination matters we deal with at Nardi Lawyers.

Our client was facing the following charges:

• Exceed prescribed concentration of drugs and alcohol within 3 hours of driving; and
• Careless Driving.

Our client had no criminal or traffic priors at the time of the offending.

Our client was in a very serious single car accident, and had allegedly exceeded the prescribed concentration of both drugs and alcohol in his system.

Upon being engaged by the client, we carefully reviewed the police brief to ensure that the legislative practices of obtaining blood samples for the purposes of alcohol and drug testing were done correctly.

It was concluded that the police conducted their duties correctly, and our client instructed us that he wished to plead guilty.

We advised our client that pleading guilty to the combination of drink and drug driving results in a longer loss of licence. The drug driving element adds an additional 6 months to the minimum mandatory licence loss period for the drink driving.

As the alleged reading was 0.20, the drink driving minimum licence loss was 20 months (40 months if they had a prior in the last 10 years). Added with the drug driving element, the minimum licence loss period totalled 26 months. Of course, the Court has discretion in making the suspension period even longer.

As with any plea of guilty, our lawyers spent quality time in conference with the client to ensure that our preparation was spot on, and all the relevant information and personal circumstances were noted.

In Court, we tendered character references and gave submissions on our client’s behalf, which were carefully constructed following our interviews with the client.

Our client was sentenced to an Undertaking, without conviction. He was also ordered to make a donation of $1,000. He received the minimum mandatory licence loss period of 26 months.

If you have been charged with similar offences, we recommend that you call our office today, so we can help you achieve the best outcome possible.

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Careless Driving

Drink Driving

Sentences in the Magistrates Court of Victoria