Good behaviour Bond on Appeal for Low Range PCA Drink Driving


Parramatta District Court


Case Facts

Our client regularly commuted between Sydney and Canberra so that he could work and provide for his family. He was driving between the two cities when he was stopped by police for a random breath test (RBT).

The test returned a positive reading, so he was arrested and taken to the police station where a further breath analysis revealed a result of 0.051 grams of alcohol in 210 litres of breath. He was charged with Low Range PCA.

At the time of the offence, he had only consumed one beer after work but had not eaten for the previous 24 hours and was of small build.


The second offence

It was his second major traffic offence within a five-year period so the potential penalties doubled. However, the reading was only just in the low range, and it was the RBT unit and not the manner of his driving that had brought him to the attention of the police.

The client had already pled guilty at the local court and received a $400 fine and a 12-month disqualification period. The magistrate stated clearly that he would not reduce the automatic disqualification period as this was our client’s fourth drink driving offence.


Case Result

We immediately lodged a severity appeal to the Parramatta District Court, under Section 11 of the Crimes (Appeal and Review) Act 2001. We emphasised that our client would suffer severe financial hardship should he lose his licence, and also drew attention to the fact that he had attended the Traffic Offender Intervention Program for the first time.

We also made lengthy submissions on his behalf, including an affidavit outlining the circumstances of his previous conviction and evidence of what he had learned at Traffic Offender Intervention Program.

The result was that the court made orders under Section 10. This meant the client was found guilty but was not convicted or disqualified from driving. The matter was dismissed conditionally upon him entering into a good behaviour bond for a period of two years.


An excellent result

Given our client’s record of previous high and mid range drink driving offences, and the fact we were dealing with what was considered to be a subsequent offence, our success in obtaining a section 10 was a remarkable result.


Are you facing drink-driving charges? Contact us for expert advice from our experienced drink driving lawyers. At Nyman Gibson Miralis, we only handle criminal law matters, including traffic law.