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    Former bachelorette Angie Kent has been lambasted by a Magistrate after pleading guilty to a drink driving charge.

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      angie kent drink driving charge

      Bachelorette Angie Kent Convicted of Drink Driving

      Former bachelorette Angie Kent has been lambasted by a Magistrate after pleading guilty to a drink driving charge.

      The former TV star was fined and disqualified from driving at Downing Centre Local Court.

      The Magistrate made particular reference to the 31-year-old’s lengthy traffic record and prior drink driving offence.

      Angie Kent Drink Driving

      The court heard that the Angie Kent drink driving case stemmed from her having two drinks at a picnic with friends on Sunday, 3 October 2021.

      After this she got behind the wheel before being stopped by police at approximately 4.45pm.

      Officers attached to Sydney City Police Area Command stopped her grey Kia Cerato at the on ramp to the Anzac Bridge, Pyrmont, for the purpose of a random breath test.

      Ms Kent produced a QLD driver’s licence before being breath tested and returning a positive reading.

      A statement from NSW police said, “she was arrested and taken to Day Street Police Station where she submitted a breath analysis reading of 0.081.”

      This reading is at the low end of the scale for mid-range drink driving charges. The range of readings for mid-range PCA offences is from 0.080 to 0.149. Any reading of 0.150 or above is considered high range drink driving.

      She was then issued a Field Court Attendance Notice for mid-range PCA and her driving privileges in NSW were suspended.”

      Drink Driving Charges at Downing Centre Local Court

      Angie Kent faced drink driving charges at Downing Centre Local Court on 27 October 2021.

      The court heard that she had been seeing a therapist since 2000 and was “determined to make sure it never happened again”. She said that she was “utterly embarrassed and apologetic” over the incident.

      In the lead up to the incident, the 31-year-old had been away from her home and therapist. It was suggested that this had separated Kent from her support base and affected her “emotional and mental wellbeing”.

      Her drink driving lawyers told the court that the former TV star resided at Mt Tambourine, and not near public transport. This meant that a disqualification would be difficult for her to manage.

      She also had completed the Traffic Offenders’ Program, which is a driver education program.

      However, it was revealed that she had a previous drink driving conviction in 2014 and a “long traffic record” with multiple demerit points.

      “It is littered with offences, including speeding offences and she has been issued with several demerit letters,” Her Honour said.

      It was because of this that Magistrate Vivien Swain declined to give her the minimum disqualification period. This would have been 3 months, with a further 12 months with an interlock device attached to her vehicle. No application was made for an interlock exemption order.

      The ex-bachelorette was fined $1200 and disqualified from driving for four months.

      Magistrate Swain went on to say, “If you drive, it’s best not to drink at all. Ms Kent will understand it is not tolerated in our community and places people at risk.”

      Angie Kent nodded briefly as she left court when asked if she was relieved the drink driving ordeal was over.

      Mid-Range Drink Driving

      Mid-range drink driving is defined as driving a vehicle with a blood alcohol concentration between 0.08 and 0.149.

      Under Section 110(4) the Road Transport Act 2013 (NSW), in order for you to be found guilty of ‘Middle range drink driving’, the prosecution must prove:

      1. You were driving a vehicle;

      2. You had a blood alcohol concentration between 0.08 and 0.149.

      The maximum penalty for mid-range drink driving is:

      1. The maximum penalty for Mid Range Drink Driving (first offence) is 9 months imprisonment and/or a fine of $2200.
      2. The maximum penalty for Mid Range Drink Driving (Second or Subsequent offence) is 9 months imprisonment and/or a fine of $3300.

      The disqualifications for mid-range drink driving is:

      • The automatic disqualification for Mid Range Drink Driving (first offence) is 12 months.
      • The minimum disqualification for Mid Range Drink Driving (first offence) is 6 months.
      • The automatic interlock disqualification for Mid Range Drink Driving (first offence) is 6 months.
      • The minimum interlock disqualification for Mid Range Drink Driving (first offence) is 3 months.
      • The automatic disqualification for Mid Range Drink Driving (Second or Subsequent offence) is 3 years.
      • The minimum disqualification for Mid Range Drink Driving (Second or Subsequent offence) is 12 months.
      • The automatic interlock disqualification for Mid Range Drink Driving (Second or Subsequent offence) is 9 months.
      • The minimum interlock disqualification for Mid Range Drink Driving (Second or Subsequent offence) is 6 months.

      Drink driving is treated very seriously by the Courts. There are usually significant disqualifications as well as a requirement to install an interlock device to your vehicle before you can drive again.

      That is why it is important to obtain advice from a specialist drink driving lawyer who has successfully defended hundreds of these charges. Call Astor Legal on (02) 7804 2823. Or, you can email info@astorlegal.com.au.

      We have offices throughout the Sydney metropolitan area where you can speak to our Sydney CBD, Liverpool and Parramatta Traffic Lawyers. We can arrange a conference for you with a Law Society Accredited Specialist in traffic offences.

      There are primarily two defences to drink driving charges that can be employed.

      The first defence is known as the ‘2 hour rule’. This is set out in Clause 2(d), Schedule 3 of the Road Transport Act 2013 (NSW).

      It explains that a police officer cannot require a person to submit to a test, analysis or assessment, or to provide a sample two hours after they were driving.

      This period extends to four hours for a blood sample, urine sample and oral fluid test.

      Secondly, there is the defence known as the ‘home safe’ rule. Clause 2(e), Schedule 3 of the Road Transport Act 2013 (NSW) sets out that a police officer cannot require a person to submit to a test, analysis or assessment, or to provide a sample at the person’s home.⠀

      Importantly, a person’s home incudes any part of their property such as a driveway, front yard and back yard. ⠀

      Often Police are unaware of these clauses and as such an experienced drink driving lawyer will be able to have the charges dismissed. ⠀

      Sometimes, a person will attempt to argue that they were not ‘driving’ the vehicle. In order for this defence to be successful, you will have to prove that you were not:

      (a)  in control of the steering, movement or propulsion of a vehicle,

      (b)  in relation to a trailer, drawing or towing the trailer,

      (c)  riding a vehicle.

      These factors are set out in Section 4 of the Road Transport Act 2013.

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