Our client was charged with one (1) count of driving a motor vehicle with intent to menace another driver.
The allegation was that, after some aggressive driving, our client used her car to “ram” the complainant’s car several times at traffic lights causing extensive damage.
The offence is serious as it carries a maximum penalty of 18 months imprisonment and/or a fine of $3,300. If a criminal conviction is recorded, the offence carries an automatic licence disqualification of 3 years, with a minimum disqualification of 12 months.
Our client relied heavily on her driver’s licence to transport her children, so the prospect of losing her licence for 3 years caused her significant anxiety.
There were two witnesses relied upon by the prosecution; the complainant and an independent civilian witness.
Both witnesses were subject to extensive cross-examination during the hearing, and deficiencies in the prosecution case became apparent.
At the close of the prosecution case, we made which is colloquially referred to as a “second limb submission”, on that basis that there must have been reasonable doubt. This meant that our client was spared from giving evidence in the witness box.
The Magistrate was persuaded by our submissions and the client was found not guilty.
This was an ideal outcome as our client was able to maintain a clear criminal record and keep her drivers’ licence.