Our client was a 31 year old publican from the Southern Highlands with no prior criminal history and a good traffic record. When he was stopped for the purposes of a RBT, he returned a positive reading to alcohol. His reading was 0.085, falling just into the middle-range category. NSW police issued him with an immediate licence suspension. By the time our client’s matter proceeded to sentence at Moss Vale Local Court, almost 2 months had passed since the offence had occurred. He thus spent 2 months suspended from driving. The maximum penalty for this offence is 9 months imprisonment and/or a fine of $2,200. If convicted, this offence carries an automatic period of licence disqualification of 12 months or minimum period of licence disqualification of 6 months without an interlock order, or an automatic period of licence disqualification of 6 months or minimum period of licence disqualification of 3 months with a 12 month mandatory interlock order. Jelena prepared the matter for sentence by obtaining character references and an apology letter from our client as well as obtaining proof of our client’s completion of the Traffic Offenders Intervention Program (TOIP). Jelena was able to demonstrate our client’s real need for a licence, noting that his nearest public transportation was a 40 minute walk from his home. Jelena made compelling and persuasive submissions on behalf of our client, demonstrating his real need for a licence and low risk of re-offending. The Magistrate made an order under section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW), discharging our client into a Conditional Release Order without a criminal conviction recorded. Our client was thus able to avoid a licence disqualification.

lamont law jelena

Result achieved by

Jelena Dobric

Solicitor · Lamont Law

Jelena is admitted to the Supreme Court of NSW and the High Court of Australia. Jelena practices exclusively in criminal and traffic law. Jelena has degrees in Media and Law from the University of New South Wales.

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