Client Spared Prison Sentence over High Range PCA Collision

Downing Centre Local Court, Sydney

Represented by solicitor and criminal defence lawyer

Facts

Our client was a single father, a salesperson and somebody who was significantly involved in community work through his son’s local soccer team.

He had gone out after work on a Friday evening and had a significant amount of alcohol. He then decided to drive home from Sydney’s eastern suburbs to the north shore. On the way, he collided with the rear of a taxi which was stationary at an intersection, causing several thousand dollars worth of damage.

Upon arrival at the scene, the police breath tested our client and he recorded a blood alcohol concentration of 0.178. He was arrested and charged with High Range PCA.

Result

The charge against our client was serious, given the collision, the high degree of intoxication and the lengthy drive from the eastern suburbs to the north shore. Our client faced a very real possibility of a custodial sentence being imposed on him.

However, we were successfully able to argue that he deserved leniency because of his prior good character, community involvement and need to support his young son.

Our client had also voluntarily participated in the Traffic Offender intervention Program, designed to educate drivers about traffic laws, which impressed the magistrate. He also had a genuine desire to atone for his actions.

Taking these factors into account, the magistrate accordingly spared him from any custodial penalty. We also argued that disqualifying our client from driving was of itself a sufficiently significant penalty.

A great outcome

Our client participated in the Interlock program, which means he only lost his driver’s licence for a total period of six months and was able to re-apply mere weeks after the sentencing date. He was required to have an Interlock device installed in his vehicle, which meant he couldn’t drive if he was over the limit.

Despite recording a high blood alcohol content, our client was able to avoid imprisonment, and retain his good standing in the community.