Traffic Law | Traffic Offences

High Range PCA and DUI Charges Dropped
Police were forced to withdraw drink driving charges against our 48 year old client from Castle Hill after they failed to follow the law.

The case involved our client crashing into a telegraph pole while allegedly driving with a blood alcohol concentration of 0.197.

He was breath tested and charged with High Range PCA.

He was advised by his first lawyers to plead guilty to the charge but sought a second opinion from Sydney Criminal Lawyers.

We obtained material by subpoena which proved that he was breath tested after the 2 hour limit.

Police then tried to fix their mistake by adding the charge of Driving Under the Influence ('DUI').

However, police were forced to drop both charges when Sydney Criminal Lawyers made written submissions that the law does not permit a driver to be charged with DUI after being breath tested.

Our client acknowledges that he was extremely fortunate not to have injured or even killed other road users.

He vows to never drink and drive again.

Negligent Driving Occasioning GBH Case Dropped
Police withdrew proceedings for 'negligent driving occasioning grievous bodily harm' against our 17 year old client from Collaroy after Sydney Criminal Lawyers argued that the charge could not be sustained.

The case involved our client, who was on her L Plates, allegedly failing to give way to a motorbike rider at a roundabout and causing a collision, resulting in the rider sustaining a fractured leg and various other injuries.

Sydney Criminal Lawyers argued that the evidence suggested the rider may have been travelling at excessive speed and thereby contributed to the collision.

Our client gets to keep her licence and remains conviction-free.

No Conviction and No Disqualification for Negligent Driving Occasioning GBH
In Downing Centre Court, Sydney Criminal Lawyers obtained a 'Section 10' (no conviction or loss of licence) for a 30 year old truck driver who drove negligently causing serious injuries to several cyclists, including brain damage and numerous broken bones requiring permanent insertion of metal plates.

It is an excellent result considering our client has 31 previous speeding offences and lost his licence for 12 months in 2006.

He can now keep his licence and his job.

No Conviction for Mid Range Drink Driving, Second Offence

In Balmain Local Court, Sydney Criminal Lawyers obtained a 'section 10' (no conviction or disqualification) for our 52 year old client who pleaded 'guilty' to driving with an alcohol reading of 0.122.

The result was obtained despite this being our client's second drink driving offence. He was convicted and disqualified for the previous offence when he was represented by other lawyers.

'Not Guilty' of Negligent Driving
The Magistrate in Penrith Local Court found our 52 year old client 'not guilty' of 'negligent driving' after finding that the alleged 'victim' may have caused the accident in question.

Our client's previous lawyer advised him that his chances of winning the case were 'zero' if he did not obtain an 'accident reconstruction report', which would have cost him $5,500.00.

Sydney Criminal Lawyers won the case without any report which was completely unnecessary.