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Case Study: Mid-range drink driver keeps his licence

Streeton Lawyers today represented a client charged with driving with a mid-range PCA, with a reading of 0.092.  The 57 year old male, a father of two, had no...

Justin Wong

Streeton Lawyers today represented a client charged with driving with a mid-range PCA, with a reading of 0.092.  The 57 year old male, a father of two, had no previous matters on his record, and an exceptional traffic record.

After completing the Traffic Offenders Program, Streeton Lawyers made submissions on his behalf before the Magistrate, urging the Court not to record a conviction under Section 10 of the Crimes (Sentencing Procedure) Act 1999. It was argued that this was appropriate having regard to his prior good character, exceptional traffic record, remorse, need for a licence and the particular circumstances leading up to the offence.

The Magistrate considered all of the material and submissions, and ultimately agreed.  Our client avoided a criminal conviction, and was released on a 12 month good behaviour bond under Section 10.

This means that he has no criminal conviction or record, and because there was no conviction, there was no disqualification of his licence.  He is able to commence driving immediately.

The offence of Driving with a Mid-Range PCA is a serious offence, carrying 9 months imprisonment and an automatic disqualification of 12 months.  Had he been convicted, the minimum period of disqualification from driving would have been 6 months.

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