No conviction for Mid Range Drink Driving at Blacktown Local Court

Last week Astor Legal appeared for a 27 year old truck driver who was charged with ‘drive with mid-range PCA‘. Our client had been through a tumultuous few months leading up to the offence.

His family were in India and were in the midst of a third wave of the COVID pandemic. He was the only member of his family in Australia and had been working as a truck driver to provide for his family.

Shortly before the incident he suffered an injury at work that required him to undergo foot surgery. He had been placed on a return to work plan through his workers compensation scheme but was unable to walk long distances as his foot was in a brace. He was also reliant on crutches.

Our client was due to return to work within a month of his appearance at Blacktown Local Court. As the minimum disqualification for mid-range drink driving is 3 months on the interlock program and 6 months without the interlock program, our client would have been unable to work.

We prepared the case meticulously by having our client complete a number of sessions with an alcohol rehabilitation program and obtained numerous character references setting out his need to drive for work. We also had evidence of his foot surgery and the difficulties he would have without a licence.

Ultimately, the Magistrate was persuaded by our submissions in Court. Despite the prosecution seeking a conviction, our client was sentenced to a conditional release order without conviction and is now able to drive again. He also has the benefit of a clean criminal record.