Dann Haimovitch, Nicole Brown, Julieanne Newman and Mary Spanos front Moorabbin court

A woman who caused a collision on Christmas Day with triple the legal amount of alcohol in her system has claimed anxiety meds could be the cause of the high reading.

A woman caught drink driving on Christmas Day, two drivers who went through red lights and a woman driving an unregistered vehicle have all appeared in Moorabbin Magistrates’ Court.

A Swedish man who went through a red light, a woman who caused a collision while drink driving and a woman caught driving an unregistered vehicle have all appeared to try their luck before a magistrate in Melbourne’s southeast.

Nicole Brown 

A woman who caused a collision before returning a reading three times over the legal limit on Christmas Day said anxiety medication may be the reason her reading was so high.

Nicole Brown, 54, pleaded guilty in Moorabbin Magistrates’ Court on June 2 to a drink driving charge.

Ms Brown had been leaving a friend’s house on Christmas Day when she collided with a parked Yaris in Elsternwick last year.

Police attended and identified Ms Brown before she undertook a mandatory breath test, resulting in a .162 reading.

The court heard Ms Brown admitted to drinking champagne before driving but had been unaware she was over the limit when she hopped behind the wheel.

The St Kilda East horticulturist had since closed down an edible garden at a local primary school as a criminal charge meant she was no longer able to work there.

Ms Brown’s lawyer Stephanie Caruso, told the court on Thursday Ms Brown chose to drive that afternoon because she believed her ex-partner had been stalking her.

“Ms Brown was previously in a three-year relationship that ended because of domestic violence,” she said.

“She previously had an IVO, but when it ended she noticed a van following her at various places. She noticed the same van parked in her friend’s street that day.”

The court heard Ms Brown had been on medication for anxiety which could have potentially altered the reading.

“It was a one off, I don’t normally drink,” she said.

“I’ll never know if it was because I’d had a bit too much and didn’t realise, or if it was because of my medication, but I’m here.”

Ms Caruso said her client was extremely remorseful, demonstrated by the fact she had pleaded guilty at the earliest opportunity and had no prior history.

The court heard Ms Brown’s licence had been suspended since Christmas Day, causing her to travel two and a half hours to get to work each day via public transport.

Ms Caruso asked the court to backdate any order against Ms Brown’s licence, so she would not have to wait as long to be back on the road.

Magistrate Stephen Lee said despite Ms Brown’s good record, the charge she was facing was a serious one.

“It’s about community safety on the roads, and you were triple the legal limit,” he said.

“On this particular day, you’ve celebrated with your friends and despite the good judgment that you’ve displayed all your life, you made a poor decision.”

Mr Lee said it was fortunate nobody was hurt in the collision, but reinforced that Ms Brown’s blood alcohol reading wasn’t minimal.

“The risk with a reading like yours was high,” he said.

“I accept your admission and won’t impose a conviction.”

Mr Lee said Ms Brown’s personal circumstances made a compelling case for a reduced fine, as she had been paying off the damage done to the car she hit at “a substantial personal loss”.

Mr Lee suspended Ms Brown’s licence for 16 months, backdated to Christmas Day, and imposed a $400 fine.

Dann Haimovitch

A Swedish national who now calls Australia home has caught a lucky break after driving through a red light.

Dann Haimovitch pleaded guilty in Moorabbin Magistrates’ Court on June 2 after being caught going through a red light in East Melbourne.

Mr Haimovitch was caught by the camera on Hoddle St in May entering into an intersection against a red arrow.

The camera showed the IT consultant was in the intersection approximately 0.6 seconds after the light turned, before he continued with the action.

In court on Thursday, Mr Haimovitch defended himself, saying it was “safer to turn than to reverse back behind the white line.”

“In the footage you can see I’m in the middle of the line when the light turned red, you can see there was traffic behind me as well,” he said.

“I decided then that it was safer to keep going than to try and reverse.”

“If it was red for more than a second I would have reversed.”

Mr Haimovitch said he’d chosen to come to court rather than pay the immediate fine because he said the circumstance was “unfair”.

“I totally understand going through a red light is a danger to me and others, but this is a situation where it was better for me to continue rather than reverse.”

Magistrate Stephen Lee considered the context to Mr Haimovitch’s situation, taking into account his driving history.

“As you’ve identified yourself it’s an issue of public safety,” he said.

“In this particular case you’ve driven for four years, you’ve come to court, you’re articulate and you’ve presented well. You obviously understand the road rules well, and I’m willing to exercise my discretion here.”

Mr Haimovitch was given a 12-month adjourned undertaking and a $150 fine — a vast deduction from the original $462 fine he received.

Mary Spanos 

A Highett woman has blamed a speeding car on a rainy day for going through a red light at an intersection.

Mary Spanos, 52, was caught by a traffic camera at a busy Nepean Highway intersection on May 4.

She pleaded guilty in the Moorabbin Magistrates’ Court on June 2, saying a car coming behind her had caused her to roll forward.

Ms Spanos was captured entering the intersection against a red light, when three seconds had already elapsed.

“I’ve been driving for 34 years, and I would say I’m a very conservative driver,” she told the court.

“On recollection, it was a very wet day, and I was very nervous when I saw the car behind me approach quite quickly.”

In fear the other driver might hit her, Ms Spanos said she rolled forward.

“I moved into the intersection, hoping to avoid a collision,” she said.

“I’m not one to blatantly disobey road rules, my children are young drivers now and I want to set an example for them.”

Ms Spanos asked Magistrate Stephen Lee not to impose a financial penalty.

“I’m not complaining about my financial circumstances, I’m very lucky in comparison to others in fact,” she said.

“But I am suffering from the interest rates rises and the general increase in cost of living. I’m trying to pay school fees and provide for my children.”

Mr Lee was impressed by Ms Spanos’ driving record, mostly clean from the moment she was licensed.

“You’ve gone more than 30 years with two very low level offences,” he said.

“The main thing is to remain vigilant in these situations, which appears to be what you’ve done over many years.”

Mr Lee dismissed the charge and didn’t impose a financial order for Ms Spanos.

Julieanne Newman 

An Aspendale woman caught driving an unregistered car told a court she was “glad she found out” when police pulled her over.

Julieanne Newman was seen driving by police on November 2 last year, when a plate recognition scan showed her car to be unregistered.

She was pulled over on Nepean Highway a short time later, where officers issued her with a $925 fine.

Ms Newman pleaded guilty in Moorabbin Magistrates’ Court on June 2, telling the court it was “totally her fault”.

“I had just moved to Aspendale and I had paid $300 to have my mail redirected to my home, so I didn’t receive the renewal notice,” she said.

“I’m very glad I found out, I rectified it that day.”

The court heard Ms Newman had been apologetic with police and did everything to re-register the car.

“I’m sorry, I know it was a mistake,” Ms Newman said on Thursday.

Magistrate Stephen Lee said she was “entitled to the benefit of a good record”.

“You’ve been driving in Australia for 18 years, and had not one blemish on your record,” he said.

“It is very important that cars being used on the roads are registered, but on this particular occasion I’m going to use my discretion.”

Mr Lee dismissed the charge against Ms Newman, ordering no fine to be paid.

“It’s one mistake you’ve made, one blemish,” he said.

“I think you deserve to have it dismissed.”

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