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A 52-year-old man who was charged with drink driving twice in the same day has been sentenced at Cowra Local Court.

Rodney John Hampton was charged with drive with middle range PCA, drive while suspended and drive with low range PCA.

The two incidents both occurred on 12 September 2021.

Stopped Twice on the Same Day

The police facts set out that Mr Hampton was first stopped by police at approximately 7.30am on 12 September 2021 on Macquarie Street, Cowra.

Police spoke to Hampton and asked for his licence. He handed them an expired P2 licence and said, “it’s out of date.”

He was then asked if he had consumed any alcohol to which he replied, “yep last night”.

A roadside breath test was conducted which returned a positive reading to alcohol. A breath analysis was then conducted which returned a reading of 0.075 grams of alcohol in 210 litres of breath.

This led to a charge of low range drink driving.

When questioned by police, the 52-year-old admitted to having consumed 20 cans of beer the day before between midday until 11pm.

He was then released 30 minutes later after having his licence suspended.

At 10.55pm that same day, Hampton was stopped by police again while driving on the Lachlan Valley Way about 2km south of Gooloogong.

Officers recognised the driver, from earlier that morning. They asked him if he had consumed any more alcohol and he replied, “about three more cans”.

Police then questioned him as to why he was driving. He responded, “well I had to get my car home”.

Mr Hampton was breath tested and again returned a positive roadside breath test. He was then arrested and taken to the Cowra Police Station for a secondary breath analysis.

This returned a reading of 0.086 grams of alcohol in 210 litres of breath. He was subsequently charged with drive while suspended and drive with mid range pca.

Hampton told police he had consumed beer while sitting at the river in Billimari.

Drink Driving Charges at Cowra Local Court

The 52-year-old entered pleas of guilty to the drink driving charges at Cowra Local Court.

The Court heard that he had attempted to not drink and drive by arranging to come into town and then to stay overnight. This was supported by the first incident being a “morning after offence”.

Hampton’s drink driving lawyers suggested that he thought he was able to drive home.

In relation to the second incident, it was suggested that he had arranged a lift with a friend, but they left. Following this, Hampton made a “poor decision” to drive the vehicle back to Gooloogong.

The court was also told that Mr Hampton now realised he had a problem with alcohol and was now undertaking drug and alcohol counselling with family support.

In sentencing for NSW drink driving, Magistrate Jillian Kiely labelled Hampton’s actions as “pure stupidity”.

“The low range PCA is a high reading, but he wasn’t detected for his manner of driving, but as a random breath test…With the second offence, there’s clearly no way to describe this other than stupidity, to have gone and had more drinks after being pulled over.”

“Only three hours after having been charged with the same offence is mind blowing, the reading you returned would have made you significantly impaired behind the wheel.”

Her Honour fined him $1760 and disqualified him from driving for six months with a 12-month interlock period. He was also sentenced to a 12-month supervised community corrections order for the drink driving charges at Cowra Court House.

Drink Driving Lawyers

Mid range drink driving is defined as driving a vehicle with a blood alcohol concentration between 0.08 and 0.149.

Under Section 110(4) the Road Transport Act 2013 (NSW), in order for you to be found guilty of ‘Middle range drink driving’, the prosecution must prove:

1. You were driving a vehicle;

2. You had a blood alcohol concentration between 0.08 and 0.149.

If you are convicted of a mid range PCA offence, you will be subject to the mandatory interlock program unless you are granted an exemption. If you are not convicted of this offence, you will not face a disqualification.

Mid range PCA offences are taken very seriously by the Courts. The maximum penalty includes jail time, as well as significant disqualifications.

Despite this there have been a number of recent examples of these charges being dismissed after an accused retains experienced criminal lawyers. There have also been a number of Section 10 drink driving outcomes achieved which you can read about by clicking here.

Having the best drink driving lawyers will go a long way towards beating these charges. Call Astor Legal on (02) 7804 2823. Or, you can email info@astorlegal.com.au.

There are primarily two defences to drink driving charges that can be employed.

The first defence is known as the ‘2 hour rule’. This is set out in Clause 2(d), Schedule 3 of the Road Transport Act 2013 (NSW).

It explains that a police officer cannot require a person to submit to a test, analysis or assessment, or to provide a sample two hours after they were driving.

This period extends to four hours for a blood sample, urine sample and oral fluid test.

Secondly, there is the defence known as the ‘home safe’ rule. Clause 2(e), Schedule 3 of the Road Transport Act 2013 (NSW) sets out that a police officer cannot require a person to submit to a test, analysis or assessment, or to provide a sample at the person’s home.⠀

Importantly, a person’s home incudes any part of their property such as a driveway, front yard and back yard. ⠀

Often Police are unaware of these clauses and as such an experienced drink driving lawyer will be able to have the charges dismissed. ⠀

Sometimes, a person will attempt to argue that they were not ‘driving’ the vehicle. In order for this defence to be successful, you will have to prove that you were not:

(a)  in control of the steering, movement or propulsion of a vehicle,

(b)  in relation to a trailer, drawing or towing the trailer,

(c)  riding a vehicle.

These factors are set out in Section 4 of the Road Transport Act 2013.