Case facts

The client was charged with driving with a Low Range Prescribed Concentration of Alcohol (LRPCA) with a reading of 0.065. While driving intoxicated, he also caused an accident with a taxi by failing to stop at a stop sign. This is considered as an aggravating feature of the offence. He pleaded guilty in the Local Court and was convicted and fined $600 with $79 court costs. The client was also disqualified for the minimum period of 3 months.

The client had no criminal record and no traffic history since being in Australia for the past 2 years. He had a genuine need for a licence for his employment, and he would lose his job if he was disqualified.


Case result

We advised the client to give evidence on appeal. Submissions were made, including with reference to a degree of extra curial punishment that would arise as a consequence of conviction.

The Judge accepted our submissions and chose to give our client another chance. He placed our client on a bond pursuant to s10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 for a period of 12 months.

The client was particularly happy with the outcome.


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