In the Supreme Court of Western Australia on June 26, Janet Mary Harwig, 63, successfully appealed to have her permanent licence disqualification overturned.
The court was told at 12.02pm on May 12, 2017, Harwig drove a Holden Astra Sedan in a southerly direction on Bussell Highway in Margaret River.
She hit a kerb whilst manoeuvring around the roundabout on Boodjidup Road, before being stopped by police.
After being taken to Margaret River Police Station, a blood-alcohol reading registered 0.166 grams of alcohol, eventually calculated back to 0.159g.
Harwig was later charged with driving under the influence of alcohol.
Harwig had previously been convicted in the Mandurah Court of Petty Sessions for driving under the influence of alcohol in 2003.
Between 2001 and 2008, she had received charges of careless driving, driving with a blood alcohol content above 0.08, driving with a blood-alcohol limit over 0.05g of alcohol per 100 mililitres of blood, and driving without authorisation.
The permanent disqualification was handed down in Bunbury Magistrates Court on June 8, 2017.
She had pleaded guilty in writing but did not attend court that day.
The appeal was then heard on June 22, 2018, founded on the grounds that the original sentence – handed down by the Justices of the Peace on duty at the time – had constituted a miscarriage of justice.
The respondent, Amy Michelle Myers, conceded that the appeal should take place, saying the punishment had been “manifestly excessive”.
The appeal was allowed, with the permanent disqualification being set aside.
Harwig was disqualified from obtaining a driver’s licence for 30 months, beginning from June 8, 2017.