Spent Conviction Ordered

Failing to provide a breath sample to police upon request and obstructing a public officer – statutory minimum penalties imposed and spent conviction awarded. Our client was charged with failing to provide a breath sample to police upon request and obstructing a public officer.  These charges carry significant penalties. Failing to provide a breath sample carries a financial penalty of $2,050 to $5,650 and a minimum driver’s licence disqualification period of 15 months. The charge of obstructing a public officer carries a maximum penalty of 18 months’ imprisonment and a fine of $18,000.  Following successful negotiations with Police to amend the facts of the charges, our client entered pleas of guilty to both charges at the first hearing.

 Elena White appeared for our client at sentencing. The client received the statutory minimum penalty for failing to provide a breath sample, being a $2,050 fine and a 15-month driver’s licence disqualification. The client was also fined $300 for obstructing a public officer.  Ms White made an application for a spent conviction at sentencing, submitting that recorded convictions would have an adverse impact on our client’s employment. The Presiding Magistrate granted the spent conviction application, recognising the circumstances as an isolated incident and allowing our client to move forward without the convictions adversely affecting his employment.