Case facts

Our client had attended the Sydney Cricket Ground during the day to watch the formidable Sydney Swans play. He had walked to and from the venue because he knew he was intending to drink.

He consumed several beers at the game and walked home. He went out again, walking to a friend’s house nearby where he had a few scotch and cokes, before walking home once more.

Later in the day, he went to do his regular Sunday night shopping and headed off in his car towards the supermarket. On the way, he was stopped by police and subjected to a random breath test (RBT).

This returned a positive result so he was arrested and taken to the local police station for a breath analysis. Breath analysis gave a reading of 0.099, which falls into the category of mid range drink driving. He was charged with Mid Range PCA and his licence was suspended on the spot. This was our client’s first offence in five years.


Potential penalties for this offence

For a first offence, Mid Range PCA comes with a maximum penalty of nine months’ imprisonment, a $2,200 fine, and an automatic disqualification period of 12 months which can be reduced to six months.


Case result

Our client pleaded guilty and tendered a number of documents including character references, a letter of apology and a certificate from the Traffic Offender Intervention Program. He expressed his remorse and didn’t proffer an excuse or seek to mitigate his moral culpability.

We made submissions concerning our client’s overwhelming need for a licence as he was self-employed, and without the ability to drive, his business would have failed. We also made note of the fact that the distance travelled was very short, and no other passengers were in the car. The offence was detected through RBT and not the manner of driving, and there were no other aggravating factors.

As a result of our efforts, our client received a 12-month good behaviour bond under section 10. This meant that no criminal conviction was recorded, and there was no licence disqualification imposed by the court.

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