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

      Astor Legal recently appeared for a 54-year-old mechanic who was charged with ‘drive with mid-range PCA‘. Our client was the owner of a workshop and employed a number of people. As such, he did not have a very strong need for a licence as there were other employees who could fulfil driving obligations.

      Initially our client engaged another law firm. He came to us after they did not appear for him at Parramatta Local Court and he was convicted in his absence. Following this he came to us to undo the conviction.

      We filed an annulment application on his behalf setting out what had occurred in an affidavit as well as emails his previous lawyers had sent him confirming their error.

      After succeeding in the annulment application we proceeded to sentence and sought a non-conviction. By the time the sentencing proceedings were listed, our client had spent close to 2 months with his licence suspended.

      In Court we tendered a significant number of material, including character references and community awards his business received. Importantly, we also tendered evidence that our client had donated over $20,000 to various charities in the last year.

      Ultimately, despite our client’s high reading, the Magistrate chose to adjourn the case so that our client would have spent 3 months suspended. When the case returned to Court, despite the prosecution seeking a conviction, our client was sentenced to a conditional release order without conviction.

      As a result, he maintains a clean criminal record.

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