Our client was detected driving whilst under the influence of a Mid-Range PCA, reading of 0.095.

Being a taxi driver he was extremely concerned for the loss of his employment income.

After completing the Traffic Offenders Program, we appeared for our client in the Local Court. Notwithstanding the Mid-Range reading, the Magistrate ultimately determined not to record a conviction under Section 10 of the Crimes (Sentencing Procedure) Act 1999. Because there was no conviction, importantly for our client there was no disqualification of his licence.

The Magistrate took into account his genuine remorse, need for a licence, and completion of the Traffic Offenders Program.

The result meant that our client was able to drive almost immediately after obtaining his licence following the Court appearance.

Mid-Range Drink Driving carries an automatic disqualification of 12 months, with a minimum of 6 months upon conviction. The only way to avoid the minimum 6 month disqualification is if the Court deals with the matter without conviction under Section 10 of the Crimes (Sentencing Procedure) Act 1999.

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