Our Family and Criminal Lawyer Katie Jolliffe attended Tamworth Local Court recently appearing for a client who had been issued an infringement notice by NSW Police resulting in an on the spot license suspension for low range drink driving.
"It was a “morning after” error of judgement that could happen to anyone after a night out", Katie said.
"This being said, the law in NSW, takes any type of drink driving seriously with immediate suspension of license not uncommon", Katie concluded.
Katie filed an urgent application for a “stay” of the suspension decision by NSW Police, due to our client having exceptional circumstances to warrant an urgent need for a license.
Exceptional circumstances are based on an individuals’ need for a license, with circumstances being an exception to the general rule of automatic license suspension. Exceptional circumstances are considered on a case-by-case basis.
With low range drink driving matters, NSW Police will usually issue an immediate suspension of license and you will not be able to drive for an automatic period of 3 months.
"In this case, our client was of a good character, had a good driving history, and we could demonstrate exceptional circumstances. We were pleased with the Court's decision to grant a “stay” of the NSW Police suspension decision so long as our client completed the traffic offenders’ program (TORP), and had a 0.00 blood level alcohol reading when driving", Katie concluded.
Our client was able to attend Services NSW the same day to obtain his license.
Should you wish to speak to our Katie about your criminal law matter, traffic matter or license appeal, please phone o02 6742 2122 or email office@mcallanlegal.com.au.
Gunnedah & Newcastle in office, and visits are available in Muswellbrook, Singleton, Scone, Murrurundi, and Tamworth.