Low Fine & Minor Ban for Serious Driving Conviction

Case study summary

Our client was charged with failing to provide a blood sample for officers. He pleaded guilty at the earliest opportunity but the level of alcohol in his system and the seriousness of the crash meant that a harsh sentence was likely.

Case study

Our client came to us after being involved in serious crash. At the scene, he was attended to by paramedics and by the police, who breathalysed and arrested him. Disorientated and confused, he was taken to the hospital where he refused to provide a blood sample. This resulted in a charge of failing to provide a specimen for analysis. His initial concern was that his job offer in the US would be jeopardised by a conviction.

We obtained the case papers from the prosecution. They stated that our client had been three times over the limit for alcohol and had been verbally abusive to the police. Despite a doctor sanctioning the blood sample at the hospital, our client repeatedly refused in an abusive manner.

Our client, who cannot remember much of the incident, was remorseful for his actions, and pleaded guilty at the earliest opportunity. Nevertheless, sentencing for this offence is wide ranging and custody was a possibility. In light of this, the client believed his job in the US was a hopeless prospect.

After the client pleaded guilty, we put forward crucial mitigation, including character references, which conveyed the client’s exemplary character as he had no previous convictions. Further, we drafted detailed proof in mitigation to present a picture of a well-rounded person who made a mistake. Following this, special counsel was instructed who presented the case to the court. These factors, caused the Magistrate to impose a mere fine and a short driving ban given the potential outcomes available to the court.

Our successful mitigation and guidance meant the client avoided custody and the shackles of community service which would have prevented him from taking the job opportunity in America. He is still eligible to live and work in the US and pursue the career he is passionate about.