Louise Mathias - Barrister, Mediator & Family Law Arbitrator

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March 11, 2015 By Louise Mathias

6 Key Criteria for Assessing DUI Matters

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Drink driving is a serious offence. Sentencing options range from a fine and automatic disqualification through to a custodial sentence. In some circumstances the Court must order a Mandatory Interlock Order. Its important to prepare and advocate effectively for the clients best possible outcome.

 

 

 

Lets be honest, its more cost effective for a client to choose to represent themselves in a Local Court DUI matter, rather than seek specialist legal representation. However, we all know its “false economy”, considering what’s at stake.

When a client is charged with DUI, I often think of the analogy of when person is diagnosed with heart disease combined with blocked arteries, where the person could choose to care for themselves by diet and exercise or alternatively seek the assistance and advice of a specialist cardiologist? If the person chose to self regulate and manage the diagnosis themselves, the eventual outcome would most probably be certain – heart attack and/or other more serious heart health issues.

In my mind this is similar to a charge of DUI. Why would we not seek the advice and guidance of a specialist legal practitioner, even though more costly, practical and realistic legal advice will be provided,  in a concerted effort to achieve the best possible outcome.

6 Key Criteria for assessing a DUI matter:

  •  What’s the courts view when charged due to being breathalysed at an RBT as opposed to being involved in a car accident?
  • What is the importance of the level of the alcohol reading on sentence?
  • What are the probable sentencing options for the varying alcohol readings?
  • What impact does a traffic record have on sentence?
  • What is the Guideline judgment for DUI offences and  how does it guide in sentencing?
  • On what basis can a DUI charge be contested?

Do not underestimate a DUI charge as something trivial, it can impact heavily on your clients life, their loved ones and any possible employment and/or travel opportunities in the future.

If you are dealing with a DUI case in the future, please contact me at Elizabeth Street Chambers 9336 5399

 

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Filed Under: Blog, Criminal Law (Local Court)

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