Exceed PCA and Other Traffic Charges – Fine Without Conviction

Our client was facing multiple traffic charges including two drink driving offences following an accident that left a bike rider injured. She had attended a farewell party and was driving home when she collided with the bike rider. Other aggravating circumstances (apart from the sustained injury by the bike rider) include that she had failed to stop while the bike was attached to the vehicle as she drove, and that she was twice the legal limit for driving.

Overall, the charges she faced were:

  • Exceed PCA – 49(1)(b)
  • Exceed PCA 49(1)(f)
  • Drive Unlicensed
  • Fail to Render Assistance at Accident
  • Fail to Stop Motor Vehicle at Accident
  • Fail to Give Way to Oncoming Vehicle
  • Fail to Give Name and Address at Accident
  • Fail to Produce License, Name & Address

We represented the client at the Melbourne Magistrates’ Court.

We successfully negotiated for the most serious charge (Drive Unlicensed) to be withdrawn. Apart from repaying the victim, our client had visited him in person and expressed her sincerest apologies over the incident. We obtained evidence to support these actions including references that show our client to be otherwise of good character. Our submissions focused on our client’s genuine remorse, her abstinence from drinking or driving ever since the incident, restitution, her young age, and the considerable delay in having the case brought to court.

This was a delicase case for the client as there is a risk for her to be sentenced to a corrections order or a prison term – either of which would prevent her from visiting a sick family member overseas. She had also enrolled in a university in Queensland and a community order would prevent her from moving interstate for her studies.

Ultimately, the court imposed a fine without conviction. This was a successful result as she will not be hindered from visiting her family overseas and from studying interstate. Further, she will have no criminal record which can ruin her future opportunities in Australia.