A Good Result for Client Charged
with Low Range PCA Drink Driving
Author: Rajiv Baldeo
Case Study: Low Range PCA
Keywords: Breath Analysis, Crimes (Sentencing Procedure) Act 1999, Driver’s Licence, Driving Record, Low Range PCA, Prescribed Concentration of Alcohol, Traffic Light, Traffic Offence, Traffic Offender Intervention Program, Speeding Offence, U-turn
Facts of the Case
Our client was charged with Low Range PCA (Prescribed Concentration of Alcohol) after he had been observed doing a U- turn at a traffic light intersection. A breath analysis revealed a reading of 0.069.
On our advice, the client participated in the Traffic Offender Intervention Program, a course which aims to provide education on traffic rules. When determining a sentence for a traffic offence, the court will often take into account whether the offender has completed this program.
A further factor taken into account by the court was our client’s extremely good traffic record, with only one speeding offence being recorded in his ten-year driving history.
We were also successfully able to argue that he had a genuine need for a driver’s licence for work, and that he would lose income as a direct result of it being disqualified.
By obtaining timely legal advice, our client was able to maximise his prospects of successfully defending his case. He was given another chance by the magistrate, and was able to keep his driver’s licence, which he relied upon heavily for his work.
If a conviction had been recorded against our client’s name, he would automatically have been disqualified from driving for a specified period. However in submissions made on behalf of our client, we highlighted his significant remorse, his genuine need for a driver’s licence, relatively low blood alcohol content, lack of criminal record and excellent driving record. The magistrate accepted our submissions and elected not to convict our client of the offence. Instead, he placed our client on a six-month bond under section 10 of the Crimes (Sentencing Procedure) Act 1999.
The client was very pleased with the outcome.