Our client was a 67-year old man who got charged with Careless Driving after nodding off at the wheel and running into a traffic light. Out of fear for what had happened, he fled the scene and so was also charged with leaving the scene of an accident.
The client pleaded guilty to both charges. We acted on his behalf at the Melbourne Magistrates’ Court.
Submissions were made to the court in regards to the actual circumstances of our client at the time of the offending. Our client was suffering from sleep apnoea and attempts at treatment continue to be unsuccessful up to the time of the offences. After the accident, our client immediately contacted his physician and the treatment administered for his sleep apnoea was changed. This new treatment finally proved to be successful.
We also focused on the client’s good character and his contributions to the community. He had always been employed full time and, for several years, was a valuable Rotary Club member who had greatly contributed to its fundraising efforts on a local level. He also owns a local business that manages some 400 trade clients.
The magistrate was impressed by our client’s good character and reputation in the community. He especially took into consideration our client’s efforts at having his sleep apnoea treated. He also acknowledged that our client would have been scared following the incident.
Ultimately, our client was sentenced without conviction to an Adjourned Undertaking for a period of 6 months, with a condition that he pays for the damage to the traffic light. No order was made against his licence.