Drive under the influence of alcohol and car accident – no conviction recorded - client very pleased
We represented a client who was charged with drive under the influence of alcohol and not provide particulars to driver, as the client had an accident and left the scene. He was a flight attendant and required his licence to be able to drive to the airport during hours when no public transport was available.
The client initially pleaded not guilty to the charge, however, changed his instructions just prior to the hearing date and a plea of guilty was entered on the day of hearing.
We managed to negotiate with the police to withdraw the “not provide particulars” charge, before entering the plea of “guilty”.
We submitted to the Magistrate that, as the client was not charged with any other offence before the Court other than driving under the influence, the Court could not find that the client was at fault for the accident and further, could not find that he committed an offence by leaving the scene, as he was not charged with the particular offence.
His Honour agreed with the argument and decided to dismiss the matter pursuant to section 10 of the Crimes (Sentencing Procedure) Act, without recording a conviction and placed the client on a good behaviour bond.
Although the client was driving under the influence, had an accident and left the scene, by applying careful tactics and running the right legal arguments, we were fortunate to obtain a great result for the client and he was fortunate to keep his licence!