Recent Traffic Cases & Results
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Traffic Law
Drink Driving Charge Dismissed
Middle range pca charge was dropped against a 43 year old man after police breath tested him on his own property.
The man was illegally breath tested after pulling into his driveway, stopping his engine and exiting.
The case is a reminder to police that they must follow breath-testing laws, including the law that they cannot test persons on their own land.
Another rule is the '2 hour rule', which says that a driver's breath must be 'analysed' within 2 hours of driving.
Charges Dismissed in 'Skye's Law' Case
All charges were dismissed against a 40 year old motorbike rider charged with 'police pursuit' when the Magistrate found that he did not know, and 'could not reasonably have known' that police were pursuing him.
Not Guilty of Dangerous Driving Occasioning Death
A 26 year old Belrose man was found 'not guilty' of all driving charges in Downing Centre Court, after the prosecution could not disprove that his loss of control and collision might have been caused by mechanical failure.
No Conviction for High Range PCA
In Downing Centre District Court, a 46 year old Mascot woman was dealt with without disqualification, fine or conviction despite having a blood alcohol reading of 0.165
No Conviction for Speeding by over 45 kp/h
In Downing Centre Court, a 52 year old truck driver was given a 'section 10' (no licence suspension, no fine and no conviction) after pleading guilty to driving at a speed of 162 kp/h in a 110kp/h zone.
His licence is crucial for him to work and provide for his family.
Not Guilty of Negligent Driving
A 42 year old bus driver was found 'not guilty' of 'negligent driving' after his bus collided with a pedestrian who carelessly crossed a busy bondi intersection
Section 10 for 2nd PCA within 5 years
After persuading police to reduce a charge of high range pca to low range pca, Sydney Criminal Lawyers succeeded in obtaining a 'Section 10' (ie no conviction, no disqualification and no fine) for a 32 year old Parramatta man despite it being his 2nd drink driving offence within 5 years.
Section 10 for High Range PCA
In Waverley Local Court, Sydney Criminal Lawyers obtained a 'section 10' (no conviction or disqualification) for a 28 year old man who pleaded guilty to driving with ‘high range p.c.a' (his blood alcohol reading was 0.218)
Section 10 for Third 'Drink Driving' Charge
In Parramatta District Court, a 38 year old man who pleaded guilty to a 3rd drink driving charge was dealt with under ‘Section 10’ (i.e. without conviction, fine or disqualification).
The case was initially in Blacktown Local Court where the Presiding Magistrate had imposed a conviction, 12 months disqualification, an $800 fine and $76 court costs.
Sydney Criminal Lawyers successfully appealed that decision and the defendant, who needs his licence for employment, can retain his job and continue to support his wife and two young children.
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