Danielle Patricia Davies: Lawyer’s ‘disgust’ after mid-range drink driving charge
A Dubbo lawyer is on the opposite side of the law after learning her fate in court for a mid-range drink driving charge. Here’s how it unfolded.
Dubbo News
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A well-respected Dubbo family lawyer burdened by a heavy workload has been convicted in court.
Danielle Patricia Davies, 40, appeared in Dubbo Local Court on Thursday, pleading guilty to mid-range drink driving after she was arrested on September 15.
According to documents tendered to court, Davies was driving a blue Suzuki Swift on Whylandra St about 10pm without the headlights on.
When entering the intersection of Whylandra and Thompson St, Davies “disobeyed” a U-turn sign, prompting police to pull the car over.
In speaking with Davies, police “could smell intoxicating liquor coming from her breath”, before she returned a positive result to a roadside breath test.
She was subsequently arrested and taken to Dubbo Police Station for further testing, recording a reading of 0.129.
Davies revealed to police she had consumed two glasses of wine during the night.
Last Thursday, Davies’ barrister spoke on a previous drink driving charge committed by his client in 2003.
“[It was] 19 years ago, pretty much a life away,” the barrister said.
“It wasn’t a conviction at the time … how that came about was she unwisely stayed back after work and had drinks with [co-workers].
“Just as unwise as what occurred on this night.”
The barrister explained the “embarrassment and humiliation” felt by Davies who was “personally disgusted” with her actions on the night.
“It’s a situation where she’s an officer of the court, which makes [her] embarrassment even [worse],” the barrister continued.
The court heard Davies is also the treasurer of Orana Law Society, which was “another burden [Davies] has shouldered”.
Davies’ barrister detailed a “very difficult period” which saw his client working on 144 active files, leading to “work stress and anxiety” which “weighed heavily” on her.
After being placed on medical leave, and undertaking counselling, hours before the offence Davies was officiating an annual general meeting for the law society.
“While at the meeting … either civilised or not … they were offering glasses of wine to people participating in it [and] Davies partook,” the barrister said.
“She isn’t exactly sure as to how many she had … police say she told them two but she says a bit more than two, those are the words she used.
“She felt she was okay to drive … she certainly pulled over as the police indicated that she had to, so she thought that she would have been right to drive.”
In explaining why his client forgot to put the headlights on, Davies’ barrister said she “assumed the lights would come on automatically”, however she was driving a different car to usual.
He told the court Davies had completed the traffic offenders program before outlining a list of reputable character references, speaking highly of his client.
“I would ask your honour … for no conviction,” the barrister said.
Before sentencing Davies, Magistrate Robert Rabbidge noted “very fine submissions” from Davies’ legal team.
“Davies is in a profession we all take pride in, we acknowledge we have a number of lawyers sitting in this court,” Magistrate Rabbidge said.
“It is quite extraordinary the pressures placed on lawyers … many [lawyers have] suffered considerable stress [from] huge workloads [and] taking on other people’s problems.
“It is very demanding and very difficult indeed.”
While accepting that sometimes it can be difficult to count drinks during a “fruitful meeting”, Magistrate Rabbidge said “very sadly too much red wine” was drunk prior to the offence.
“When we make a decision to drink, we need to be mindful,” Magistrate Rabbidge said.
“More than twice the legal limit, I must do my duty … I will, sadly for you, record a conviction.”
Magistrate Rabbidge handed Davies a $700 fine, placing the family lawyer on a 12 month interlock order and disqualifying her from driving for three months.