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Case Study: High Range Drink Driver has Reading Reduced

A client of Streeton Lawyers, initially charged with Driving with a High Range PCA (0.308), was recently sentenced at a Local Court in Sydney. Although police alleged initially his reading...

Justin Wong

A client of Streeton Lawyers, initially charged with Driving with a High Range PCA (0.308), was recently sentenced at a Local Court in Sydney.

Although police alleged initially his reading was 0.308, we disputed that reading. Our client had been detected by the side of the road after having consumed alcohol both before driving as well as after having pulled over.  When he was tested by police, his breath alcohol level was 0.308.

We obtained a pharmacological opinion on his behalf which indicated that, because he had consumed alcohol after he had driven, at the time of driving his blood alcohol limit was significantly less than 0.308.

Following negotiations with the police on our clients behalf, police ultimately agreed to reduce his reading to 0.218.

Given the new reading, our client ultimately received a suspended sentence and a reduction in the automatic disqualification from 3 years to 2 years.  The Magistrate also made an Interlock Order which means that he may be able to recommence driving on an Interlock Licence within 6 months from the date of the offence.

By Justin Wong

Photo by energepic.com