Our client had spent his day watching an Australian Golf Tournament. He consumed 3 beers over lunch, and then some wine at 4.30pm. Soon after he realised he had somewhere to be and, believing he would be under the limit, he decided to drive.

Soon after he was pulled over by police for an RBT. He returned a mid range reading of 0.098. As a result, his licence was suspended on the spot by police.

Mid range PCA carries a maximum fine of $2,200, a maximum term of imprisonment of 9 months and an automatic disqualification period of 12 months.

Our client was concerned about his need for a licence, but he was quite shocked to learn that if convicted of this offence he would have a criminal record, which would be detrimental to his career.

Zoe Whetham, criminal solicitor at Streeton Lawyers, presented our clients case at Waverley Local Court. Ms Whetham tendered material on our clients behalf and made oral submissions, arguing that this was a matter where the court could exercise leniency and not record a conviction.

The Magistrate was convinced and as a result no conviction was recorded on the condition that our client be of good behaviour for a period of 12 months.

This means that our client did not receive a period of disqualification, he does not have to pay a fine and, most importantly, he did not receive a criminal record for this offence.

Photo by Erik McLean