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First Drink-Driving Offence

  • Writer: Eric Chen
    Eric Chen
  • Aug 11
  • 1 min read

Updated: Sep 10

Background

Mr Zhang was facing his first drink-driving charge, a situation that can result in significant penalties including fines, disqualification, and potential conviction consequences for employment and travel. As a first-time offender, the stakes were particularly high given the long-term implications of a drink-driving conviction.


The Challenge

The case initially appeared straightforward as a first-time offence, but several factors required careful legal analysis:

  • First-time offender: High stakes regarding conviction consequences

  • Standard police procedures: Routine cases can still contain technical deficiencies

  • Potential conviction implications: Impact on employment, travel, and future opportunities

  • Police determination: Prosecution's initial insistence on proceeding to trial


Our Approach

Through meticulous review of the police disclosure, we identified a significant technical issue with the procedural aspects of the case. Despite lengthy discussions with police regarding this procedural defect, they remained determined to proceed to trial, requiring us to prepare for contested proceedings.


Outcome

On the scheduled trial date, before proceedings commenced, the police made an application to withdraw the charge entirely. This resulted in:

  • Complete dismissal: No conviction recorded

  • No penalties: No fines, community work, or disqualification imposed

  • Clean record maintained: Mr Zhang's driving record and criminal history remained unblemished


Significance

This case demonstrates the importance of thorough legal analysis even in seemingly routine matters. The identification of procedural defects and persistent advocacy ultimately led to complete vindication for the client, avoiding all potential consequences of a drink-driving conviction.

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