Case facts

Our client was charged with the offence of High Range PCA after he failed a random breath test (RBT). He claimed that he had been a passenger in a car but swapped with the driver when they observed the random breath testing station, because the driver did not have a licence.

After failing the breath test, our client’s subsequent breath analysis revealed a reading which resulted in him being charged with high range drink driving.

Despite our client’s claims, four police officers gave evidence stating that he had been the driver of the vehicle. However, we were able to cross-examine the officers about their ability to observe. Our client was also able to testify that he had not been the driver of the vehicle, and we subpoenaed the real driver to give evidence.


Case result

That driver was charged with Driving while Unlicensed. We represented her at the Newtown Local Court and the matter was dismissed under section 10 of the Crimes (Sentencing Procedure) Act 1999. She received no conviction, no fine and no disqualification – a fantastic outcome in the circumstances.

We were able to assist our client to successfully defend a charge of High Range PCA by establishing that he was not the driver of the vehicle at the relevant time.

The charge against our client was dismissed and he was found not guilty.

The police then gave information to the RTA (now Roads and Maritime Services), as a result of which our client’s driver’s licence was suspended on medical grounds.

However we appealed that decision to the local court, and our client’s suspension was lifted.


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