Drink Driving while on Good Behaviour licence - Result: Section 10

Date: December 10, 2010

The client came to us and explained he had agreed to adhere to the conditions of a good behaviour licence with the RTA rather than have his licence suspended for various speeding offences which carried a loss of demerit points.

Unfortunately following a work function with his girlfriend, who did not hold a driving licence, he was caught drink driving.

He was charged with low range drink driving and required to attend court.

Our solicitor made a thorough and detailed investigation into how he had received the various speeding offences for which he had elected to take good behaviour licence rather than serve a period of licence disqualification.

From that, our solicitor was able to provide this information to the Magistrate on the day of his sentencing, to show her he did not have a complete disregard for the law but rather had fallen victim to recent changes to certain road speed limits around the Sydney metropolitan area.

Even though our client was a frequent driver on these roads he was unaware, that the RTA had introduced speed cameras AND reduced the speed limit in those areas. Our client unknowingly fell victim to the same speed camera over two consecutive days and this was explained to the Magistrate in addition to the facts surrounding his drinking and driving.

Further statements were also made by our solicitor as to his need for a licence and his personal circumstances.

The Magistrate stood the matter down until after morning tea whilst she considered our solicitor’s submissions and after the morning tea adjournment, she granted a section 10 to the client, which is an exceptional result in these circumstances as he was able to retain his good behaviour licence.