No Conviction for Drive with Special Range PCA and Driving Unlicensed

Our client is a 41-year-old single mother who works as a carer for the elderly.

She came to Australia over 8 years ago and shortly afterwards became an Australian citizen. At the time she was driving on an international licence. Regrettably, she was not aware that within 3 months of becoming a permanent resident or citizen, she was required to obtain a NSW drivers licence.

On the night of the incident she was stopped by Police for a random breath test. Earlier in the night she had consumed one glass of wine. As such, she thought she would be under the limit for an unrestricted licence holder (0.05 BAC).

Unfortunately, as she was technically an unlicensed driver, she did not have the benefit of the unrestricted licence holder limit. Rather, she could not have any amount of alcohol in her bloodstream.

Upon being breath tested she registered a reading of 0.042 BAC and was charged with Driving Unlicensed as well as Drive with Special Range PCA. She came to us distraught.

We immediately got to work preparing the case. First, we arranged for her to obtain her NSW drivers licence. We also provided her with our character reference and apology letter guide so that she could obtain references from her employer and some of the persons she cared for. Finally, she completed the Traffic Offender’s Program.

We appeared at Burwood Local Court for and with her. Earlier in the day the presiding Magistrate had convicted another person of Unlicensed Driving. Despite the fact that our client had the additional drink driving charge, we were able to persuade the Magistrate not to record a conviction against our client for either charge.

Needless to say, she was overjoyed with the result.