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Case Study: Mid-range drink driver receives non conviction

Many of our clients are first time drink driving offenders who, prior to being charged, were unaware of how easily you can exceed the legal limit of prescribed concentration...

Janelle Tarabay

Many of our clients are first time drink driving offenders who, prior to being charged, were unaware of how easily you can exceed the legal limit of prescribed concentration of alcohol (PCA).

This was the case for a recent client who had consumed 6 alcoholic beverages on a Friday night, went to sleep and was then breath tested the following morning on her way to work. She returned a positive reading and was charged with Driving with Mid Range PCA.

Our client was devastated with this charge, as she thought she had been cautious and never imagined she would be over the legal limit.

The automatic disqualification period for Driving with Mid Range PCA is 12 months. The offence also carries 9 months imprisonment.

Like most people, our client required her licence and due to the nature of her work a criminal conviction could mean she would be unable to continue working in her field.

Zoe Whetham, criminal solicitor at Streeton Lawyers, appeared on our client’s behalf at the Downing Centre Local Court and urged the Magistrate to deal with this matter without recording a conviction. The Magistrate was ultimately convinced by Ms Whetham’s submissions and decided not to convict our client. Instead, she was placed on a good behaviour bond.

This meant that our client was able to avoid a criminal record, did not have to pay a fine and has not had her licence disqualified. She was very happy with this result.

Photo by Tobi