Case facts

Our client had previously been convicted of low range drink driving in 2001. On that occasion, the court had been persuaded to grant him leniency under section 10. Just before he relocated from Sydney to Victoria with his wife and children, he was charged with another offence – Mid Range PCA.

As a result of this charge, our client appeared in the Waverley Local Court in Sydney where he was convicted, fined $500 and disqualified from driving for six months.

However, our client’s employment was contingent on him holding a valid driver’s licence, and without his work, it was likely that he and his family would need to move from Victoria back to Sydney.

Our client contacted a firm of solicitors. He was advised that it would be impossibleto obtain leniency under a further section 10 application, and was refused any assistance with an appeal to the district court.

Our client then contacted Nyman Gibson Miralis. We advised him that, although it would be difficult to have his conviction overturned, it would not be impossible.


Case result

Pleasingly, the Sydney District Court allowed our client’s appeal. He was released without conviction, subject only to a two-year good behaviour bond. This meant that our client was able to keep his driver’s licence, avoided a fine and had no conviction recorded against him. Never say never!



Nyman Gibson Miralis provides expert advice and representation in all areas of drink driving and traffic law. Contact us if you require assistance.