DUI Drink Driving - Beware Playing The Victim

As regular readers of this blog would know, I regularly represent repeat DUI Drink Driving offender clients who face the very high risk of imprisonment.

It goes without saying that repeat offenders usually have underlying issues which lead to this type of behaviour.

However, there is a fine line between legitimately painting yourself as a person who has let their demons get the better of them, and holding yourself out as some kind of victim.

I mean, let’s face it, DUI Drink Driving is a selfish act, which on a lot of occasions results in injury and death.

To present yourself at court as some kind of hard done by soul, to be said in the same sentence as your innocent fellow road users, would be an abhorrent insult to the court and the community at best.

That said, I am not trying to play down the very real underlying mental health and addiction issues which bring a lot of repeat DUI Drink Driving offenders to court.

I am simply saying tread carefully if you are going to pull the ‘I am a victim in all of this too’ card.

There is more than one way to skin a cat, and more than one way to put the Magistrate in the shoes of a client.

I obtain detailed and in depth instructions from all of my clients, but high jail risk clients in particular.

Where it is appropriate to do so, I will also obtain a pre-sentencing Psychological Report from a court approved Psychologist.

I will also draft lengthy and detailed written submissions which drill down into the underlying issues which keep bringing my clients back to court.

I also draft comprehensive written submissions of the relevant case law and legislation.

Once I appear at court with my client, however, these documents are relied upon in verbal submissions which I make in relation to explaining what has happened only, not justifying or excusing it.

So what I am saying is this - by all means bring your mental health or addiction issues to the court’s attention, but be very careful in the way that you do it.

Wiseman Lawyers specialise in DUI Drink Driving and Traffic Law.

Regards

Andrew Wiseman, Wiseman Lawyers