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      No Conviction for Mid-Range Drink Driving at Nyngan Local Court

      Astor Legal appeared at Nyngan Local Court for a 37-year-old livestock manager who lived in rural Victoria.

      As part of his job he was required to travel to farms throughout both regional NSW and Victoria. Often he would need to stay overnight.

      On one such occasion, he consumed 10 standard drinks in the form of beer and scotch the night before a job. The next morning he woke up and drove to a farm he was required to inspect.

      On the way there he was stopped by an RBT and blew 0.128. He was arrested and charged with mid-range drink driving.

      After being told by a number of other firms that he had no prospect of avoiding a conviction, he contacted our office for representation.

      We took a different view.

      Immediately we got to work and assisted our client in obtaining character references from his employer and work colleagues that confirmed his licence was essential to his job. They also detailed that he would travel approximately 120,000km per year.

      We then obtained a reference from his wife who detailed that they has a 5 month old daughter who he was required to care for and take to medical appointments. The nearest paediatrician was over an hour away from them.

      He also prepared an apology letter to the Court based on our in-house guide detailing what he had learned from the Traffic Offenders Program.

      In Court, we made detailed submissions seeking a non-conviction order.

      The magistrate indicated that it would be very unusual to deal with this matter by way of a non-conviction. Despite this – and over strong objections from the prosecutor – we were able to persuade the Magistrate to not convict our client.

      Our client was released on an 6 month conditional release order, which means there is no conviction, no fine and no loss of licence.

      He and his family were overjoyed with the result.

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