Multiple charges (10) including careless driving-Werribee Magistrates’ Court
The Court: Werribee Magistrates Court
The Charges:
- Road Safety Road Rules, Rule 304J(1) – using a mobile phone whilst driving a motor vehicle
- Road Safety Act, Section 61(1)(c) – being the driver of a motor vehicle, where an accident had occurred, failed to remain at the scene of the accident and provide their details
- Road Safety Act, Section 61(1)(a) – being the driver of a motor vehicle, where an accident had occurred in which property was damaged, failed to immediately stop their motor vehicle
- Road Safety Act, Section 64A(1) – driver of a motor vehicle who knew they had been given direction to stop by police, did not stop the motor vehicle as soon as practicable
- Road Safety Road Rules, Regulation 215(1) – drive a motor vehicle at night without headlights, taillights and number plate lights operating
- Road Safety Act, Section 64(1) – drive in a manner that was dangerous to the public
- Road Safety Act, Section 65 – drive a motor vehicle carelessly
- Road Safety Vehicles Regulations, Regulation 295(1) – use a vehicle that was not in a safe or roadworthy condition
- Road Safety Act, Section 49(1)(b) – drive a motor vehicle while more than the prescribed concentration of alcohol (Alleged reading 0.096)
- Road Safety Act, Section 49(1)(b) – Within 3 hours after driving a motor vehicle, furnish a sample of breath and the indicated concentration of alcohol after driving or being in charge of a motor vehicle (Alleged Reading 0.096)
A fine up to $1,975.90
Up to 14 days imprisonment or
a fine of up to $987.95
Up to 14 days imprisonment or
a fine of up to $987.95
A fine of up to $11,855.40 or
Imprisonment for 6 months or both
A fine of up to $987.50
A fine of up to $47,421.60 or
up to 2 year imprisonment or both
and further licence disqualification of 6 months
A fine of up to $2,3371.08
A fine of up to $3,9511.80
A fine of up to $3,951.80
A fine of up to $3,951.80
Our client held a Victorian Probationary (P1) driver’s licence. She was driving from her friend’s house to the shops at 9:30PM, with two passengers. As she was changing a song on her phone, she crashed into the car in front of her.
The man she hit got out of his car and approached our client to exchange details, but our client refused to provide them. One of the passengers of our client’s vehicle exited her car and punched the male from the front vehicle three or four times, then pushed him.
Our client’s car was then driven away, with no headlights on, driving over the man’s foot from the front car. The police arrived just as the car drove away and there was a police chase. They outran the police, but not before getting the client’s number plate details.
The police arrived at our client’s house after confirming her identity via VicRoads. The client initially denied driving, stating her vehicle had been stolen earlier. Later in questioning, the client admitted to being the driver of the vehicle. The client underwent an evidentiary breath test, where it revealed a blood alcohol concentration (BAC) of 0.096 grams of alcohol per 210 litres of breath.
When speaking with the client, we noticed inconsistences with the story and facts of the case. When questioned about the man who punched the driver, the client revealed that he was currently on parole and that the client was covering for him.
We asked the police to investigate further and get another statement from the victim about who was driving after the assault. The victim of the collision confirmed that after the accident, the unknown male drove away the car, not the client.
Our barrister approached the police with these facts when they case conferenced the matter. It was agreed that the matter would proceed by way of a guilty plea to four charges and the other six charges would be withdrawn.
On the drink drive, His Honour imposed the mandatory minimum licence disqualification of 6 months. The disqualification was backdated to the date of the immediate suspension that had been issued to the client. That meant the client had already served this disqualified period.
His Honour also imposed a fine of $1500 without conviction. The client was overjoyed with the outcome. She was able to get her licence back immediately.
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We had a client who was driving on Eastlink for work and incurred fines in excess of $45,000. We listened to her story, reviewed her documents and had the fines reduced to a total of $1000 and got her 3 months to pay.
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