Case facts

Our client had attended a work “long lunch” on a Friday afternoon and lost count of how many drinks he had consumed. He vaguely remembered making his way to his car before blacking out, and believed that he had intended to drive the approximately 20 kilometres to his home.

Our client managed to drive about two kilometres before he passed out at the wheel of his car. His next recollection was being woken by the police, who had been called by motorists stuck behind him at an intersection. Our client was required to provide a breath analysis, which revealed a blood alcohol concentration of 0.207. He was charged with High Range PCA.


Case result

Given the circumstances surrounding our client’s offending, there was a real risk that he would be faced with a custodial penalty.

However, on our recommendation, our client completed the Traffic Offender Intervention Program. Along with confirmation that our client had completed the program, we submitted to the magistrate that our client’s good character, clear remorse and good prospects of rehabilitation justified leniency in these circumstances.

The magistrate agreed with our submissions and disqualified our client from driving for 18 months. Our client was also subjected to an 18-month good behaviour bond. He managed to avoid any custodial sentence.


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