Poor Driving Record No Barrier on Mid Range PCA Charge

Sutherland Local Court

Represented by solicitor, criminal defence lawyer and traffic law expert

Facts

Our client was charged with driving drunk for the fifth time. His prior offences included one High Range PCA, one Low Range PCA and two Mid Range PCA charges. Our client had previously been subject to a community service order for mid range drink driving.

At the time of the new Mid Range PCA charge, our client was driving with his wife and three children in the car.

Result

Given our client’s prior history of offending, the latest charge carried a potential nine-month prison sentence and a maximum penalty of $2,200.

However, we were able to successfully argue that any form of custodial sentence would be inappropriate in the circumstances. Our client was convicted and sentenced to a two-year good behaviour bond, and a fine.

Despite our client’s chequered driving history, we were also able to successfully argue that our client’s disqualification period should only be nine months long, on the basis that he had a strong need for a driver’s licence.

That suspension was backdated from his sentencing date to the date of the original charge, so our client was eligible to reapply for his driver’s licence less than six months after his sentencing hearing.

A great result

Although our client had a poor driving record, he was able to avoid a custodial sentence and a lengthy driver’s licence disqualification period, meaning that he was able to stay with his family and retain his employment.

No matter how bleak your situation may seem, obtaining legal advice as soon as possible after you have been charged with a criminal offence can be helpful.