Section 10 for Mid Range Drink Driving on Appeal
Our client is a young doctor who was caught with an 0.08 blood alcohol reading after being stopped for a random breath test. He was subsequently charged with driving with mid-range PCA.
In the Local Court he instructed another firm to appear for him. He was convicted and given six month disqualification at Downing Centre Local Court.
Not happy with his representation or the outcome, he came to us after filing a severity appeal.
We assessed his case and explained how to get a Section 10 for drink driving.
This involved obtaining character references from his colleagues and family setting out his need for a licence. We also provided our client with our apology letter guide and had him prepare an updated and stronger apology letter which addressed a number of factors that were not covered in his initial letter.
Our criminal lawyers in Sydney appeared at Sydney District Court and made submissions in support of a Section 10 non-conviction order. In addition to our client’s need to be on call and attend the hospital at short notice and at odd hours, we set out that he had already spent almost 4 months off the road waiting for the appeal to be heard.
Despite strong opposition from the prosecution, we were able to persuade the court to allow the appeal.
Our client was ultimately re-sentenced to a conditional release order for six months, allowing him to start driving again and ensuring his criminal record remains clear.