Case facts

Our client was stopped for a random breath test and received a positive result of 0.073 grams of alcohol per 210 litres of breath. At the same time, police conducted a check on his driver’s licence, and discovered that it was suspended due to his failure to pay fines.

This resulted in our client being charged with Low Range PCA and Driving While Suspended.

Our client was facing some serious potential penalties for these two offences, including:

  • Low Range PCA – a maximum $1,100 fine, a minimum three-month disqualification period and an automatic six-month disqualification period if no specific order is made.
  • Drive While Suspended – a $3,300 fine, an 18-month prison sentence and a three-month disqualification period.


Case result

Our client pleaded guilty to both charges and agreed to complete the Traffic Offenders Intervention Program, a course on traffic laws and the consequences of breaking them. Participation in the course can be taken into account in sentencing.

The matter was adjourned for sentence at the Downing Centre Local Court while he completed the program.

At the sentencing hearing, our solicitor made submissions requesting a more lenient sentence under the circumstances. The magistrate accepted our submissions and discharged the matter under section 10.

Our client did not lose his licence and no conviction was recorded. Considering his lengthy traffic record, this was an excellent result.


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