DUI, Refuse Breath Test, and Other Traffic Charges

Our client was a 20-year old man who decided to drive home after drinking with friends. He was using his father’s car and both of his parents were away on holidays during this incident. He collided with three cars and drove on the wrong side of the road. By the time he reached home, he was met by the police and was eventually charged with the following traffic offences:

  • Reckless Conduct Endangering Serious Injury
  • Dangerous Driving
  • Driving Under the Influence (DUI)
  • Refuse Breath Test
  • Failing to Stop After an Accident
  • Failing to Report an Accident
  • Failing to Display P Plates

We represented the client at the Heidelberg Magistrates’ Court.

We negotiated with the prosecutor and were able to have some of the charges withdrawn: Reckless Conduct Endangering Serious Injury, Failing to Stop After an Accident, and Failing to Report an Accident. For the 4 remaining offences, our client decided to plead guilty.

It must be noted that our client had no prior court history. He was remorseful over the offences and had abstained from alcohol ever since the incident. He also underwent treatment and counseling at the Youth Substance Abuse Service (YSAS) to have a better overview of alcohol consumption.

The magistrate, in imposing a sentence, gave consideration to our client’s young age and lack of criminal history. It was also noted that our client was working for his family’s business which required regular travels to the UK, USA, and Canada. Ultimately, our client received an adjourned undertaking without conviction. He also had his licence cancelled and was suspended from driving for 30 months.

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